Public-domain · open source
OpenJurist

Tenn. Code Ann. § 4-5-312

Procedure at hearing

Known as the Uniform Administrative Procedures Act

The act spans §§ 4-5-101 to 4-5-502 (69 sections).

Applied in 4 court decisions — leading case Richardson v. Tennessee Board of Dentistry (1995)

Most recently applied in Tennessee Environmental Council, Inc. v. Tennessee Water Quality Control Board (October 2007)

Acts 1982, ch. 874, § 51.

How often courts cite this section

198519902000200710
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) The administrative judge or hearing officer shall regulate the course of the proceedings, in conformity with the prehearing order if any.

(2) To the extent necessary for full disclosure of all relevant facts and issues, the administrative judge or hearing officer shall afford to all parties the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence, except as restricted by a limited grant of intervention or by the prehearing order.

(3) In the discretion of the administrative judge or hearing officer and agency members and by agreement of the parties, all or part of the hearing may be conducted by telephone, television or other electronic means, if each participant in the hearing has an opportunity to participate in, to hear, and, if technically feasible, to see the entire proceedings while taking place.

(4) The hearing shall be open to public observation pursuant to title 8, chapter 44, unless otherwise provided by state or federal law. To the extent that a hearing is conducted by telephone, television or other electronic means, the availability of public observation shall be satisfied by giving members of the public an opportunity, at reasonable times, to hear the tape recording and to inspect any transcript obtained by the agency, except as otherwise provided by § 50-7-701.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.