govt.fyi
Back to HB 2534
Tennessee General Assembly· HB 2534Sponsor(s) Added.

Administrative Procedure (UAPA) - As enacted, precludes certain boards administratively attached to the department of environment and conservation from voting to review the initial order of an administrative law judge in, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Tennessee General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
..

:"(f<-<d•( AGI      :

! ~\

      State f/Jenne<Ssee

                             PUBLIC CHAPTER NO. 838

                                                    SENATE BILL NO. 1883

                                                      By Johnson, Hatcher

                                           Substituted for: House Bill No. 2534

                                         By Lamberth, Cochran, Darby, Reedy

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 nova
          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 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
SB 1883

         (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 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 nova
          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 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 nova
          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 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
          ?lone pursuant to § 4-5-301 (a)(2), unless settled by the parties; provided, that for a petition
          filed under subdivision (a)(2)(8) 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

                                                                2
SB 1883

          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 nova 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 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 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 nova 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 LJnder § 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 ~dministrative 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 69-3-11 0(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 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 nova review with no presumption of correctness. The board-shall render a final

                                                                 3
SB 1883
         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.

                                                               4
         SENATE BILL NO. 1883

PASSED:  April 7, 2026

         R ~~.... ~c. ~~,~

                        '                         RANDY McNaY

                            SPEAKER OF THE SENA'fE

                        CAMER~SEXTON, SPEAKER
                        HOUSE OF REPRESENTATIVES

[\pr::I '11~ APPROVED this
         day of                                   2026

         ~~
                              BILL LEE, GOVERNOR
Every fact on this page links to its source, starting with the official bill record.