(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.

Terms Used In Tennessee Code 4-49-128

  • 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.
  • Council: means the sports wagering council. See Tennessee Code 4-49-102
  • Fraud: Intentional deception resulting in injury to another.
  • Licensee: means a person who holds a license issued under §. See Tennessee Code 4-49-102
  • Person: means an individual, group of individuals, trust, or business entity. See Tennessee Code 4-49-102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Registrant: means a person who holds a registration issued under 4-49-133. See Tennessee Code 4-49-102
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
(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.
  Previous section
Next section  
 Part 1 Contents