(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.
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Terms Used In Tennessee Code 40-33-213

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicable agency: means the agency, board, commission or department charged by law or permitted by agreement with conducting the forfeiture proceeding for the particular property seized. See Tennessee Code 40-33-202
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(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.
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