Tennessee § 4-49-128 Appealing final actions of the board

Tennessee Statutes

§ 4-49-128 — Appealing final actions of the board

Tennessee § 4-49-128

Title4

This text of Tennessee § 4-49-128 (Appealing final actions of the board) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 4-49-128 (2026).

Text

(a)A licensee, registrant, or other person aggrieved by a final action of the council may appeal that decision to the chancery court of Davidson County.

(b)The chancery court of Davidson County shall hear appeals from decisions of the council and, based upon the record of the proceedings before the council, may reverse the decision of the council only if the appellant proves the decision to be:

(1)Clearly erroneous;

(2)Arbitrary and capricious;

(3)Procured by fraud;

(4)A result of substantial misconduct by the council; or (5) Contrary to the United States Constitution, the Constitution of Tennessee, or this part.

(c)The chancery court may remand an appeal to the council to conduct further hearings.

Free access — add to your briefcase to read the full text and ask questions with AI

(a) A licensee, registrant, or other person aggrieved by a final action of the council may appeal that decision to the chancery court of Davidson County. (b) The chancery court of Davidson County shall hear appeals from decisions of the council and, based upon the record of the proceedings before the council, may reverse the decision of the council only if the appellant proves the decision to be: (1) Clearly erroneous; (2) Arbitrary and capricious; (3) Procured by fraud; (4) A result of substantial misconduct by the council; or (5) Contrary to the United States Constitution, the Constitution of Tennessee, or this part. (c) The chancery court may remand an appeal to the council to conduct further hearings.

Legislative History

Amended by 2023 Tenn. Acts, ch. 450, s 29, eff. 7/1/2023. Renumbered from T.C.A. s4-51-328by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022. Amended by 2021 Tenn. Acts, ch. 593, s 27, eff. 1/1/2022. Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.