Part 1 General Provisions 4-5-101 – 4-5-108
Part 2 Rulemaking and Publications 4-5-201 – 4-5-231
Part 3 Contested Cases 4-5-301 – 4-5-325
Part 4 Regulatory Flexibility Act of 2007 4-5-401 – 4-5-404
Part 5 Right to Earn a Living Act 4-5-501 – 4-5-502

Terms Used In Tennessee Code > Title 4 > Chapter 5 - Uniform Administrative Procedures Act

  • Accumulated contributions: means the sum of all the amounts deducted from the compensation of a member, together with any amount transferred to the account of the member established pursuant to Chapters 34 37 of this title from the respective account of the member under one (1) or more of the superseded systems, with interest thereon, as provided in §. See Tennessee Code 8-34-101
  • Actuarial equivalent: means a benefit of equal value when computed at regular interest upon the basis of the mortality tables last adopted for such purpose by the board of trustees. See Tennessee Code 8-34-101
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administrative judge: means an agency member, agency employee or employee or official of the office of the secretary of state, licensed to practice law and authorized by law to conduct contested case proceedings pursuant to §. See Tennessee Code 4-5-102
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agency: means each state board, commission, committee, department, officer, or any other unit of state government authorized or required by any statute or constitutional provision to make rules or to determine contested cases. See Tennessee Code 4-5-102
  • Agriculture: means :
    1. The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
    2. Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
    3. Amortization: Paying off a loan by regular installments.
    4. Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
    5. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
    6. 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.
    7. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
    8. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
    9. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
    10. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
    11. Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
    12. Average final compensation: means the average annual earnable compensation of a member during the five (5) consecutive years of the member's creditable service affording the highest such average, or during all of the years in the member's creditable service if less than five (5) years. See Tennessee Code 8-34-101
    13. Base personnel policies: means the policies that are required to be adopted under this chapter and that are enumerated in §. See Tennessee Code 5-23-102
    14. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
    15. Beneficiary: means any person, persons or institution receiving a retirement allowance or other benefit as provided in Chapters 34 37 of this title. See Tennessee Code 8-34-101
    16. board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
    17. Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
    18. Code: means any published compilation of rules and regulations that has been prepared by technical trade associations or model code organizations regulating building construction, plumbing and gas installation, fire prevention, any portion of such rules, or any amendment of such rules. See Tennessee Code 5-20-101
    19. Commissioner: means any person in office as a member of the public service commission, as prescribed by title 65, chapter 1, prior to June 30, 1996. See Tennessee Code 8-34-101
    20. Committee: means the county financial management committee. See Tennessee Code 5-21-102
    21. Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
    22. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
    23. Contested case: means a proceeding, including a declaratory proceeding, in which the legal rights, duties or privileges of a party are required by any statute or constitutional provision to be determined by an agency after an opportunity for a hearing. See Tennessee Code 4-5-102
    24. Contract: A legal written agreement that becomes binding when signed.
    25. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
    26. County employees: means employees of the county as defined under the federal Fair Labor Standards Act (29 U. See Tennessee Code 5-23-102
    27. County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
    28. Creditable service: means prior service plus membership service, as provided in part 6 of this chapter. See Tennessee Code 8-34-101
    29. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
    30. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
    31. Department: means the finance department. See Tennessee Code 5-21-102
    32. Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
    33. Devise: To gift property by will.
    34. Director: means the director of the finance department. See Tennessee Code 5-21-102
    35. disabled: means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than twelve (12) months. See Tennessee Code 8-34-101
    36. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
    37. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
    38. Earnable compensation: includes , but is not limited to, any bonus or incentive payment. See Tennessee Code 8-34-101
    39. Employer: means :

      The state or any department, commission, institution, board or agency of the state government by which a member is paid, with respect to members in its employ. See Tennessee Code 8-34-101

    40. Entry regulation: means :

      1. Any rule promulgated by a licensing authority for the purpose of regulating an occupational or professional group, including, but not limited to, any rule prescribing qualifications or requirements for a person's entry into, or continued participation in, any business, trade, profession, or occupation in this state. See Tennessee Code 4-5-501
      2. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
      3. Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
      4. 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.
      5. Ex officio: Literally, by virtue of one's office.
      6. Executor: A male person named in a will to carry out the decedent
      7. Executor: includes an administrator, where the subject matter applies to an administrator. See Tennessee Code 1-3-105
      8. Fees and other expenses: means those reasonable attorney's fees and expert witness fees as determined by the court plus reasonable expenses and court costs, but does not include any portion of an attorney's fees or salary paid by a unit of local, state, or federal government for the attorney's services in the case. See Tennessee Code 29-37-103
      9. Fiduciary: A trustee, executor, or administrator.
      10. Firefighter: means a person in the employ of a political subdivision participating under chapter 35, part 2 of this title who is a member of the fire department of such political subdivision, and is trained in firefighting and actively engaged in such work or subject to call for such services, providing such person's primary livelihood is derived from such work. See Tennessee Code 8-34-101
      11. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
      12. Garbage and rubbish collection service: means and includes all operations of all manpower and equipment, whether employed or owned by the county or by some other entity, public or private, with which the county may choose to contract, for the gathering, removal and transporting of refuse produced by the area to be served. See Tennessee Code 5-19-102
      13. Garbage and rubbish disposal service: means and includes all composting or other processing plants, incinerators, sanitary landfills and all other sites or facilities for the receiving, processing and getting rid of collected refuse, whether publicly or privately owned or operated, or both. See Tennessee Code 5-19-102
      14. Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
      15. General employee: means any person who is a state official, including legislative officials elected by the general assembly, or who is employed in the service of, and whose compensation is payable in whole or in part by, the state, including employees under supervision of the state whose compensation is paid, in whole or in part, from federal or other funds, or any person in the employ of a political subdivision participating under chapter 35, part 2 of this title, or of the Tennessee County Services Association, but does not include any teacher, state police officer, wildlife officer, firefighter, police officer, state judge, county judge, attorney general, governor, or county official or public service commissioner, or any person performing services on a contractual or percentage basis. See Tennessee Code 8-34-101
      16. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
      17. Governing body: means the county legislative body, board of commissioners, county council, or other body in which the general legislative powers of a county are vested. See Tennessee Code 5-20-101
      18. Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
      19. Hearing officer: means an agency member, agency employee or employee or official of the office of the secretary of state, not licensed to practice law, and authorized by law to conduct a contested case proceeding pursuant to §. See Tennessee Code 4-5-102
      20. Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
      21. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
      22. Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
      23. internal management: means the administration of an agency's internal operations for the purpose of facilitating operational effectiveness and efficiency. See Tennessee Code 4-5-102
      24. Internal Revenue Code: means the Internal Revenue Code of 1986, codified in United States Code, title 26, as amended. See Tennessee Code 8-34-101
      25. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
      26. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
      27. Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
      28. Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
      29. License: includes the whole or part of any agency, permit, certificate, approval, registration, charter or similar form of permission required by law. See Tennessee Code 4-5-102
      30. Licensing: includes the agency process respecting the grant, denial, renewal, revocation, suspension, withdrawal or amendment of a license. See Tennessee Code 4-5-102
      31. Licensing authority: means any state regulatory board, commission, council, or committee in the executive branch of state government established by statute or rule that issues any license, certificate, registration, certification, permit, or other similar document for the purpose of entry into, or regulation of, any occupational or professional group. See Tennessee Code 4-5-501
      32. Limitation year: means , for testing purposes under §. See Tennessee Code 8-34-101
      33. Local government: means an incorporated municipality or county or subdivision of either. See Tennessee Code 29-37-103
      34. Local retirement fund: means any teachers' retirement fund or other arrangement for payment of retirement benefits to teachers, except this retirement system, supported wholly or in part by contributions made by an employer as defined by Chapters 34 37 of this title. See Tennessee Code 8-34-101
      35. Member: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
      36. Member annuity: means annual payments for life derived from the accumulated contributions of the member. See Tennessee Code 8-34-101
      37. Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
      38. Month: means a calendar month. See Tennessee Code 1-3-105
      39. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
      40. Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
      41. Order: means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities or other legal interests of a specific person or persons. See Tennessee Code 4-5-102
      42. Other governing body: means only that body having the taxing authority. See Tennessee Code 5-19-102
      43. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
      44. Party: means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party. See Tennessee Code 4-5-102
      45. Person: means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character, including another agency. See Tennessee Code 4-5-102
      46. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
      47. Personal representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
      48. Plaintiff: The person who files the complaint in a civil lawsuit.
      49. Plan year: means the fiscal year commencing July 1. See Tennessee Code 8-34-101
      50. Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
      51. 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.
      52. Police officer: means a person in the employ of a political subdivision participating under chapter 35, part 2 of this title who is a member of the police department of such political subdivision and is trained in police work and actively engaged in such work. See Tennessee Code 8-34-101
      53. Policy: means any statement, document, or guideline prepared or issued by any agency pursuant to its delegated authority that merely defines or explains the meaning of a statute or a rule. See Tennessee Code 4-5-102
      54. Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
      55. Prior class member: means a member who, on the day preceding the date of establishment, shall have been a member of a superseded system and who elects to remain covered by the benefit and contribution provisions of the superseded system, or who fails to elect to become covered by the benefit and contribution provisions of the retirement system applicable to new employees, as the case may be, in accordance with chapter 35, part 1 of this title. See Tennessee Code 8-34-101
      56. Prior service: means service rendered prior to the date of membership in the retirement system for which credit was given under the terms of one (1) or more of the superseded systems as provided in part 6 of this chapter. See Tennessee Code 8-34-101
      57. Probable cause: A reasonable ground for belief that the offender violated a specific law.
      58. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
      59. Property: includes both personal and real property. See Tennessee Code 1-3-105
      60. Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
      61. Publication: means a posting of materials on the appropriate website by the secretary of state that have been submitted in accordance with this chapter or any other information for which the secretary of state is responsible. See Tennessee Code 4-5-102
      62. Quorum: The number of legislators that must be present to do business.
      63. 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
      64. Remand: When an appellate court sends a case back to a lower court for further proceedings.
      65. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
      66. Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
      67. Retirement: means withdrawal from membership with a retirement allowance granted under Chapters 34 37 of this title. See Tennessee Code 8-34-101
      68. Retirement allowance: means the sum of the member annuity and the state annuity. See Tennessee Code 8-34-101
      69. Retirement system: means the Tennessee consolidated retirement system as defined in §. See Tennessee Code 8-34-101
      70. Rule: includes the establishment of a fee and the amendment or repeal of a prior rule. See Tennessee Code 4-5-102
      71. Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §. See Tennessee Code 8-34-101
      72. Service of process: The service of writs or summonses to the appropriate party.
      73. Service retirement date: means the date on which a member first becomes eligible for a service retirement allowance, or would first become eligible for a service retirement allowance if the member were to remain in service until such date, as provided in §. See Tennessee Code 8-34-101
      74. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
      75. signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
      76. Small business: means a business entity, including its affiliates, that employs fifty (50) or fewer full-time employees. See Tennessee Code 4-5-102
      77. Small business: means a business entity that is:
        1. A natural person who is licensed by one (1) or more state agencies or boards and whose claim under this chapter arises from such licensing, but the person shall not have a net worth of more than three hundred thousand dollars ($300,000) at the time the civil action is filed. See Tennessee Code 29-37-103
        2. Social security integration level: means , with respect to the calendar year in which a member retires, the average annual amount of compensation with respect to which old age and survivors benefits would be provided under Title II of the Federal Social Security Act (42 U. See Tennessee Code 8-34-101
        3. State: means the state of Tennessee. See Tennessee Code 8-34-101
        4. State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
        5. State agency: means any entity of the state as defined in §. See Tennessee Code 29-37-103
        6. State annuity: means annual payments for life derived from contributions by an employer. See Tennessee Code 8-34-101
        7. Statute: A law passed by a legislature.
        8. Subpoena: A command to a witness to appear and give testimony.
        9. Substantial gainful activity: means the performance of significant duties over a reasonable period of time of work for remuneration or profit or in work of a type generally performed for remuneration or profit. See Tennessee Code 8-34-101
        10. Superseded system: means , where applicable, the Tennessee state retirement system, the Tennessee teachers' retirement system, the Tennessee judges' retirement system, the retirement system for county paid judges of Tennessee, the attorneys general retirement system of Tennessee, the public service commissioners' retirement system, and the Tennessee retirement system for county officials, any one (1) of them, or any combination thereof. See Tennessee Code 8-34-101
        11. Testify: Answer questions in court.
        12. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
        13. 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.
        14. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
        15. Trustee: A person or institution holding and administering property in trust.
        16. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
        17. Venue: The geographical location in which a case is tried.
        18. Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
        19. Wildlife officer: means any commissioned employee of the wildlife resources agency engaged in law enforcement activities on a day-to-day basis. See Tennessee Code 8-34-101
        20. Writ: A formal written command, issued from the court, requiring the performance of a specific act.
        21. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
        22. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105