Anyone who may be aggrieved by any final order or judgment of any board or commission functioning under the laws of this state may have the order or judgment reviewed by the courts, where not otherwise specifically provided, in the manner provided by this chapter. Code 1932, § 9008; modified; T.C.A. (orig. ed.), § 27-901.
Such party shall, within sixty (60) days from the entry of the order or judgment, file a petition of certiorari in the chancery court of any county in which any one (1) or more of the petitioners, or any one (1) or more of the material defendants reside, or have their principal office, stating briefly […]
The circuit court is given concurrent jurisdiction over such proceeding. Code 1932, § 9018; T.C.A. (orig. ed.), § 27-903. Law Reviews. The Scope of Judicial Review of Administrative Actions in Tennessee, 2 Mem. St. U.L. Rev. 144. The Tennessee Court System — Circuit Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 241.
The petition shall be addressed to the presiding chancellor and shall name as defendants the particular board or commission and such other parties of record, if such, as were involved in the hearing before the board or commission, and who do not join as petitioners. Code 1932, § 9008; T.C.A. (orig. ed.), § 27-904.
The petitioner shall give bond for costs as in other chancery suits, or oath of paupers in lieu. Code 1932, § 9009; T.C.A. (orig. ed.), § 27-905.
If the order or judgment rendered by such board or commission made the basis of the petition for certiorari shall make any material change in the status of any matter determined therein, the petitioner may, upon reasonable notice to the board or commission and other material defendants, apply to the chancellor, at the time of […]
Upon the filing of such petition, the clerk of the court of pendency shall immediately send, by registered return-receipt mail, to the board or commission a notice of the filing of the petition and a certified copy thereof. The clerk shall also send a similar notice to the last known post office address of each […]
The court before granting the writ of certiorari may require notice of the application to be given to the adverse party, or may grant it without such notice. Code 1932, § 9011; T.C.A. (orig. ed.), § 27-908.
Immediately upon the grant of a writ, the board or commission shall cause to be made, certified and forwarded to such court a complete transcript of the proceedings in the cause, containing also all the proof submitted before the board or commission. The clerk of such court shall promptly, by registered return-receipt mail, notify each […]
All defendants named in such petition, desiring to make defense, shall do so by answer (in which grounds of demurrer shall be incorporated) to such petition within thirty (30) days from the date of the filing of the transcript, unless the time be extended by the court. Any other person who may be affected by […]
At the expiration of ninety (90) days from the filing of the transcript, the cause shall stand for trial, and shall be heard and determined at the earliest practical date, as one having precedence over other litigation, except suits involving state, county or municipal revenue. The hearing shall be on the proof introduced before the […]
Any party dissatisfied with the decree of the court may appeal to the court of appeals in the manner provided by the Tennessee Rules of Appellate Procedure. Such appeal shall be advanced upon the docket of the court of appeals as one of such precedence, and heard as promptly as practicable. Code 1932, § 9015; […]
The clerk of the Supreme Court shall certify and send direct to such board or commission the decree of the Supreme Court, which shall be binding upon and enforced by such board or commission. Code 1932, § 9016; T.C.A. (orig. ed.), § 27-913. Law Reviews. Civil Procedure and Evidence — Tennessee Survey 1970 (Jerry J. […]
Contested case hearings by civil service boards of a county or municipality which affect the employment status of a civil service employee shall be conducted in conformity with contested case procedures under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. The provisions of subdivision (a)(1) pertaining to hearings by civil […]
