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HOUSE BILL 2534
By Lamberth
SENATE BILL 1883
By Johnson
SB1883
011234
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AN ACT to amend Tennessee Code Annotated, Title 60;
Title 68 and Title 69, relative to contested cases.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 60-1-401(h), is amended by deleting
the subsection and substituting:
(h) If the operator files an appeal of the citation or assessment of a penalty as
provided under subsection (g), then the proceedings on appeal must be conducted as a
contested case and must be heard before an administrative judge sitting alone pursuant
to § 4-5-301(a)(2), unless settled by the parties. The administrative judge to whom the
case is assigned shall convene the parties for a scheduling conference within thirty (30)
days of the date on which the appeal was filed. The scheduling order issued by the
administrative judge must establish a schedule that results in a hearing being completed
within one hundred eighty (180) days of the scheduling conference unless the parties
agree to a longer time or the administrative judge allows otherwise for good cause
shown. An initial order must be issued by the administrative judge within ninety (90)
days of completion of the record of the hearing. The administrative judge's initial order,
together with any earlier orders issued by the administrative judge, is final unless a party
files a petition for appeal pursuant to § 4-5-315 within fifteen (15) days after entry of the
initial order. The board shall not review an initial order unless appealed by a party.
Upon appeal to the board by a party, the board shall provide each party an opportunity
to present briefs, and shall review the record and allow each party an opportunity to
present oral argument. If appealed to the board, the review of the administrative judge's
initial order must be limited to the record, but must be a de novo review with no
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presumption of correctness. The board shall render a final order at the conclusion of its
review in accordance with § 4-5-314, affirming, modifying, remanding, or vacating the
supervisor's citation or assessment of a penalty. A final order rendered under this
section is effective upon its entry, except as provided in § 4-5-320(b), unless a later
effective date is stated in the order. A petition to stay the effective date of a final order
may be filed under § 4-5-316. A petition for reconsideration of a final order may be filed
pursuant to § 4-5-317. Judicial review of a final order may be sought by filing a petition
for review in accordance with § 4-5-322. An order of an administrative judge that
becomes final in the absence of an appeal to the board is deemed to be a decision of
the board in that case for purposes of the standard of review by a court; provided,
however, that in other matters before the board, it may be considered but is not binding
on the board.
SECTION 2. Tennessee Code Annotated, Section 68-201-108(a)(1), is amended by
deleting the subdivision and substituting:
(1) Except as provided in subdivision (a)(2), a person aggrieved by a final action
of the technical secretary on a permit, order, or assessment may request a hearing
before the board under this section by filing a petition with the technical secretary within
thirty (30) days of issuance of the permit or service of the order or assessment. The
hearing must be conducted as a contested case and must be heard before an
administrative judge sitting alone pursuant to § 4-5-301(a)(2), unless settled by the
parties. The administrative judge to whom the case is assigned shall convene the
parties for a scheduling conference within thirty (30) days of the date on which the
petition was filed. The scheduling order issued by the administrative judge must
establish a schedule that results in a hearing being completed within one hundred eighty
(180) days of the scheduling conference unless the parties agree to a longer time or the
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administrative judge allows otherwise for good cause shown. An initial order must be
issued by the administrative judge within ninety (90) days of completion of the record of
the hearing. The administrative judge's initial order, together with any earlier orders
issued by the administrative judge, is final unless a party appeals the initial order to the
board pursuant to § 4-5-315 within fifteen (15) days after entry of the order. The board
shall not review an initial order unless appealed by a party. Upon appeal to the board by
a party, the board shall provide each party an opportunity to present briefs, and shall
review the record and allow each party an opportunity to present oral argument. If
appealed to the board, the review of the administrative judge's initial order is limited to
the record, but must be a de novo review with no presumption of correctness. The
board shall render a final order at the conclusion of its review, in accordance with § 4-5-
314, affirming, modifying, remanding, or vacating the administrative judge's order. A
final order rendered pursuant to this section is effective upon its entry, except as
provided in § 4-5-320(b) unless a later effective date is stated in the order. A petition to
stay the effective date of a final order may be filed under § 4-5-316. A petition for
reconsideration of a final order may be filed pursuant to § 4-5-317. Judicial review of a
final order may be sought by filing a petition for review in accordance with § 4-5-322. An
order of an administrative judge that becomes final in the absence of an appeal to the
board is deemed to be a decision of the board in that case for purposes of the standard
of review by a court; provided, however, that in other matters before the board, it may be
considered but is not binding on the board.
SECTION 3. Tennessee Code Annotated, Section 68-211-113(b), is amended by
deleting the subsection and substituting:
(b) The hearing before the board on any petition filed under subsection (a) must
be conducted as a contested case and must be heard before an administrative judge
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sitting alone pursuant to § 4-5-301(a)(2), unless settled by the parties. The
administrative judge to whom the case is assigned shall convene the parties for a
scheduling conference within thirty (30) days of the date on which the petition was filed.
The scheduling order issued by the administrative judge must establish a schedule that
results in a hearing being completed within one hundred eighty (180) days of the
scheduling conference unless the parties agree to a longer time or the administrative
judge allows otherwise for good cause shown. An initial order must be issued within
ninety (90) days of completion of the record of the hearing. The administrative judge's
initial order, together with any earlier orders issued by the administrative judge, is final
unless appealed to the board by a party pursuant to § 4-5-315 within fifteen (15) days
after entry of the initial order. The board shall not review an initial order unless appealed
by a party. Upon appeal to the board by a party, the board shall afford each party an
opportunity to present briefs, and shall review the record and allow each party an
opportunity to present oral argument. If appealed to the board, the review of the
administrative judge's initial order must be limited to the record, but must be a de novo
review with no presumption of correctness. The board shall render a final order at the
conclusion of its review, in accordance with § 4-5-314, affirming, modifying, remanding,
or vacating the administrative judge's order. A final order rendered pursuant to this
section is effective upon its entry, except as provided in § 4-5-320(b), unless a later
effective date is stated in the order. A petition to stay the effective date of a final order
may be filed under § 4-5-316. A petition for reconsideration of a final order may be filed
pursuant to § 4-5-317. Judicial review of a final order may be sought by filing a petition
for review in accordance with § 4-5-322. An order of an administrative judge that
becomes final in the absence of an appeal to the board is deemed to be a decision of
the board in that case for purposes of the standard of review by a court; provided,
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however, that in other matters before the board, it may be considered but is not binding
on the board.
SECTION 4. Tennessee Code Annotated, Section 68-212-113(b), is amended by
deleting the subsection and substituting:
(b) The hearing before the board on any petition filed under subsection (a) must
be conducted as a contested case and must be heard before an administrative judge
sitting alone pursuant to § 4-5-301(a)(2), unless settled by the parties; provided, that for
a petition filed under subdivision (a)(2)(B) the administrative judge shall hold the hearing
in the department's environmental field office region where the proposed facility or site is
located. The administrative judge to whom the case is assigned shall convene the
parties for a scheduling conference within thirty (30) days of the date on which the
petition is filed. The scheduling order issued by the administrative judge must establish
a schedule that results in a hearing being completed within one hundred eighty (180)
days of the scheduling conference unless the parties agree to a longer time or the
administrative judge allows otherwise for good cause shown. An initial order must be
issued within ninety (90) days of completion of the record of the hearing. The
administrative judge's initial order, together with any earlier orders issued by the
administrative judge, is final unless appealed to the board by a party pursuant to § 4-5-
315 within fifteen (15) days after entry of the initial order. The board shall not review an
initial order unless appealed by a party. Upon appeal to the board by a party, the board
shall afford each party an opportunity to present briefs, and shall review the record and
allow each party an opportunity to present oral argument. If appealed to the board, the
review of the administrative judge's initial order must be limited to the record, but must
be a de novo review with no presumption of correctness. The board shall render a final
order at the conclusion of its review, in accordance with § 4-5-314, affirming, modifying,
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remanding, or vacating the administrative judge's order. A final order rendered pursuant
to this section is effective upon its entry, except as provided in § 4-5-320(b), unless a
later effective date is stated in the order. A petition to stay the effective date of a final
order may be filed under § 4-5-316. A petition for reconsideration of a final order may be
filed pursuant to § 4-5-317. Judicial review of a final order may be sought by filing a
petition for review in accordance with § 4-5-322. An order of an administrative judge that
becomes final in the absence of an appeal to the board is deemed to be a decision of
the board in that case for purposes of the standard of review by a court; provided,
however, that in other matters before the board, it may be considered but is not binding
on the board.
SECTION 5. Tennessee Code Annotated, Section 68-215-119(b), is amended by
deleting the subsection and substituting:
(b) Hearings before the board must be conducted as a contested case and must
be heard before an administrative judge sitting alone pursuant to § 4-5-301(a)(2), unless
settled by the parties. The administrative judge to whom the case is assigned shall
convene the parties for a scheduling conference within thirty (30) days of the date on
which the petition is filed. The scheduling order issued by the administrative judge must
establish a schedule that results in a hearing being completed within one hundred eighty
(180) days of the scheduling conference unless the parties agree to a longer time or the
administrative judge allows otherwise for good cause shown. An initial order must be
issued within ninety (90) days of completion of the record of the hearing. The
administrative judge's initial order, together with any earlier orders issued by the
administrative judge, is final unless appealed to the board by a party pursuant to § 4-5-
315 within fifteen (15) days after entry of the initial order. The board shall not review an
initial order unless appealed by a party. Upon appeal to the board by a party, the board
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shall afford each party an opportunity to present briefs, and shall review the record and
allow each party an opportunity to present oral argument. If appealed to the board, the
review of the administrative judge's initial order must be limited to the record, but must
be a de novo review with no presumption of correctness. The board shall render a final
order at the conclusion of its review, in accordance with § 4-5-314, affirming, modifying,
remanding, or vacating the administrative judge's order. A final order rendered pursuant
to this section is effective upon its entry, except as provided in § 4-5-320(b), unless a
later effective date is stated in the order. A petition to stay the effective date of a final
order may be filed under § 4-5-316. A petition for reconsideration of a final order may be
filed pursuant to § 4-5-317. Judicial review of a final order may be sought by filing a
petition for review in accordance with § 4-5-322. An order of an administrative judge that
becomes final in the absence of an appeal to the board is deemed to be a decision of
the board in that case for purposes of the standard of review by a court; provided,
however, that in other matters before the board, it may be considered but is not binding
on the board.
SECTION 6. Tennessee Code Annotated, Section 69-3-110(a), is amended by deleting
the subsection and substituting:
(a) Any hearing brought before the board pursuant to § 69-3-105(i), § 69-3-109,
§ 69-3-115, § 69-3-116, or § 69-3-118 must be conducted as a contested case heard
before an administrative judge sitting alone pursuant to § 4-5-301(a)(2), unless settled
by the parties. The administrative judge to whom the case is assigned shall convene the
parties for a scheduling conference within thirty (30) days of the date on which the
petition is filed. The scheduling order issued by the administrative judge must establish
a schedule that results in a hearing being completed within one hundred eighty (180)
days of the scheduling conference unless the parties agree to a longer time or the
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administrative judge allows otherwise for good cause shown. An initial order must be
issued within ninety (90) days of completion of the record of the hearing. The
administrative judge's initial order, together with any earlier orders issued by the
administrative judge, is final unless appealed to the board by a party pursuant to § 4-5-
315 within fifteen (15) days after entry of the initial order. The board shall not review an
initial order unless appealed by a party. Upon appeal to the board by a party, the board
shall afford each party an opportunity to present briefs, and shall review the record and
allow each party an opportunity to present oral argument. If appealed to the board, the
review of the administrative judge's initial order must be limited to the record, but must
be a de novo review with no presumption of correctness. The board shall render a final
order at the conclusion of its review, in accordance with § 4-5-314, affirming, modifying,
remanding, or vacating the administrative judge's order. A final order rendered pursuant
to this section is effective upon its entry, except as provided in § 4-5-320(b), unless a
later effective date is stated in the order. A petition to stay the effective date of a final
order may be filed under § 4-5-316. A petition for reconsideration of a final order may be
filed pursuant to § 4-5-317. Judicial review of a final order may be sought by filing a
petition for review in accordance with § 4-5-322. An order of an administrative judge that
becomes final in the absence of an appeal to the board is deemed to be a decision of
the board in that case for purposes of the standard of review by a court; provided,
however, that in other matters before the board, it may be considered but is not binding
on the board.
SECTION 7. This act takes effect upon becoming a law, the public welfare requiring it.