Tenn. Code Ann. § 4-49-128: Appealing final actions of the board

(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. (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. Amended by 2023 Tenn. Acts, ch. 450, s 29, eff. 7/1/2023. Renumbered from T.C.A. s 4-51-328 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022. Amended by 2021 Tenn. Acts, ch. 593, s 27, eff. 1/1/2022. Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.

(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.

(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.

(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.

Amended by 2023 Tenn. Acts, ch. 450, s 29, eff. 7/1/2023.

Renumbered from T.C.A. s 4-51-328 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022.