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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, GOVERNOREvery fact on this page links to its source, starting with the official bill record.