§ 40-33-213 — Appeals - Venue

Tennessee § 40-33-213

• Jurisdiction: Tennessee
• Title: 40

Text

(a) The party aggrieved by the decision of the applicable agency may seek judicial review of the decision by filing a written notice of review. The reviewing court shall use the preponderance of evidence standard in determining whether to sustain or reverse the final order of the applicable agency. The burden of proof on review shall be the same as in the proceedings before the applicable agency. (b) Except as otherwise provided in this section, an appeal under this part shall be conducted in the same manner as is provided in § 4-5-322 , for a contested case hearing under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) A notice of review may, at the election of the aggrieved party, be filed in the circuit court or chancery court of Davidson, Washington, Knox, Hamilton, Putnam, Madison, Dyer, Lawrence, or Shelby county; provided, that, the notice of review shall be filed in the county which corresponds with the location of the hearing. (d) The applicable agency shall be represented in the appeal by an attorney who is employed by the applicable agency. (e) If the reviewing court reverses the final order of the applicable agency and orders the return of seized property, the court shall also order the payment of attorney's fees incurred during the administrative proceeding, in the same manner provided and subject to the limits found in § 40-33-217 , and any reasonable attorney's fees incurred during the appeal.

Legislative History

Amended by 2018 Tenn. Acts, ch. 772, s 9, eff. 1/1/2019. Acts 1994, ch. 925, § 1.