Tennessee Code 57-5-413 – Review of action of commissioner
Terms Used In Tennessee Code 57-5-413
- 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.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
Any action of the commissioner shall be reviewable by a petition for a common-law writ of certiorari in the chancery or circuit court of the county in which the offense occurred, which petition shall be filed within ten (10) days from the date of such action. Immediately upon the grant of the writ of certiorari, the commissioner shall cause to be made, certified and forwarded to the court a complete transcript of the proceedings in the cause, which shall contain all the proof submitted before the commissioner. The decision of the commissioner shall be reviewed solely upon the pleadings and transcript of the proceedings before the commissioner, and neither party shall be entitled to introduce any additional evidence in the court. The scope of any review proceedings involving persons already licensed as Tennessee beer wholesalers under this chapter shall be governed by § 57-5-108 instead of the procedure set forth herein.