(a) An agency shall maintain an official record of each contested case under this chapter. The record shall be maintained for a period of time not less than three (3) years; provided, that the department of labor and workforce development shall be required to maintain the record for such period of time as shall be determined by the agency or otherwise required by law.

Terms Used In Tennessee Code 4-5-319

  • 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
  • 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
  • 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.
  • 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
  • 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
  • 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.
  • 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
  • Statute: A law passed by a legislature.
  • 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.
(b) The agency record shall consist solely of:

(1) Notice of all proceedings;
(2) Any prehearing order;
(3) Any motions, pleadings, briefs, petitions, requests and intermediate rulings;
(4) Evidence received or considered;
(5) A statement of matters officially noticed;
(6) Proffers of proof and objections and rulings thereon;
(7) Proposed findings, requested orders, and exceptions;
(8) The tape recording, stenographic notes or symbols, or transcript of the hearing;
(9) Any final order, initial order, or order on reconsideration;
(10) Staff memoranda or data submitted to the agency unless prepared and submitted by personal assistants and not inconsistent with § 4-5-304(b); and
(11) Matters placed on the record after an ex parte communication.
(c) A record, which may consist of a tape, electronic recording, or digital recording, must be made of all oral proceedings. Such record or a part thereof must be transcribed on request of a party at such party’s expense or may be transcribed by the agency at the agency’s expense. If the agency elects to transcribe the proceedings, then a party must be provided copies of the transcript upon payment to the agency of a reasonable compensatory fee. Notwithstanding the requirement to make a record of all oral proceedings, a record of a prehearing conference is not required to be made.
(d) Except to the extent that this chapter or another statute provides otherwise, the agency record shall constitute the exclusive basis for agency action in adjudicative proceedings under this chapter, and for judicial review thereof.
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