D. DIRECT APPELLATE REVIEW OF ADMINISTRATIVE PROCEEDINGS

216

Rule 12: Direct Review of Administrative Proceedings by the Court of Appeals.

I.

For those agencies which are subject to the Tennessee Uniform Administrative Procedures Act and from which appeals are taken directly to the Court of Appeals, the procedure upon review shall be as follows:

 (a) Any person who is aggrieved by a final decision in a contested case may seek judicial review by filing a petition for review with the clerk of the Court of Appeals within 60 days after entry of the administrative order appealed from. The agency shall be named respondent.

 (b) The petition shall specify the party seeking review, designate the order to be reviewed, and briefly describe the issues which the petitioner intends to raise. If two or more persons are entitled to petition for review of the same order and their interests are such as to make joinder practicable, they may file a joint petition and proceed as a single petitioner.

 (c) The petition shall be accompanied by an appropriate bond as provided in Rule 6.

 (d) The petitioner shall serve a copy of the petition on the agency, the Attorney General, and on all parties of record to the proceeding before the agency in the manner provided in Rule 5(a).

 (e) Any person who was a party of record to the proceeding before the agency may become a party of record to the appeal by filing a written notice of appearance within 30 days after the filing of the petition for review. The notice of appearance shall describe briefly the position the intervenor intends to take and shall be served on the agency and on all parties in the proceeding before the agency.

 (f) The record of proceedings before the agency, as described by T.C.A. § 4-5-319, shall be filed by the agency with the clerk of the Court of Appeals, as provided in T.C.A. § 4-5-322(d), within 45 days after filing of the petition for review.

 (g) Insofar as applicable, briefs shall be filed in accordance with the time limits and stylistic requirements of Rules 27, 28, 29, and 30. The time for filing briefs begins to run from the day the record is filed. Any party disagreeing, in whole or in part, with the order of the agency shall file a brief within the time allowed for the petitioner. Other parties shall file briefs within 30 days from the last day allowed for filing petitioner's brief. The agency may file a responsive brief but is not required to do so.

 (h) Insofar as applicable, proceedings before the Court of Appeals shall be conducted in accordance with these rules except that, where there is conflict between these rules and the provisions of the Tennessee Uniform Administrative Procedures Act, the provisions of the Act are controlling as provided in T.C.A. § 4-5-322(f).

II.

 For all other agencies from which appeals are taken directly to the Court of Appeals, the procedure upon review shall be as follows:

 (a) Petition for Review.  Review is instituted by filing a petition for review with the clerk of the Court of Appeals within thirty days after the date of entry of the administrative order appealed from. The petition for review shall specify the party or parties seeking review and shall designate the respondent and the order to be reviewed. The agency and all other parties of record shall be named as respondents. The petition for review filed with the clerk of the Court of Appeals shall be accompanied by petitioner's or petitioner's counsel's address, a list of the names and addresses of the parties or counsel upon whom service is required, and an appropriate bond as required in Rule 6. The clerk of the Court of Appeals shall docket the proceeding and serve notice of the docketing as provided in Rule 5(c).

 (b) Service of the Petition.  The petitioner shall serve the petition for review on the agency and all other parties of record to the proceeding before the agency in the manner for serving and proving service of a notice of appeal in civil actions prescribed in Rule 5(a).

 (c) Other Parties.  If any respondent other than the agency wishes to participate in the proceeding in the Court of Appeals, such respondent shall file a written appearance, and those who do shall be parties in the Court of Appeals.

 (d) Composition of the Record.  The entire record before the administrative agency shall be the record on review unless the agency and petitioner stipulate to omit portions. A party unreasonably refusing to stipulate to limit the record may be taxed for the additional cost. Omitted portions of the record shall be transmitted to the Court of Appeals at any time on the request of the agency, the petitioner or any other party, which request shall be served on all parties, or on order of the Court of Appeals. If anything is misstated in the record, the parties may at any time correct the misstatement by stipulation, or the Court of Appeals may at any time order that the misstatement be corrected and, if necessary, that a supplemental record be prepared and filed.

 (e) Agency to File Record; Time for Filing; Notice of Filing.  The agency shall file the record within 45 days after filing of the petition for review. Extensions of time for filing the record may be granted by the Court of Appeals or a judge thereof on motion made within the time originally prescribed, or within an extension previously granted, or on motion made within 30 days thereafter supported by a showing of reasonable excuse for failing to file the motion earlier. The clerk of the Court of Appeals shall give notice to all parties of the date on which the record is filed.

 (f) Time for Filing Briefs.  The time for filing briefs begins to run from the day the record is filed.

 (g) (Reserved).

 (h) Application of Other Rules.  Insofar as appropriate, the provisions of these rules (except Rules 24 through 26) are applicable to proceedings under this rule. As used in any applicable rule, the term “appellant”includes a petitioner and the term “appellee”includes a respondent in proceedings to review agency orders.

[As amended by order entered January 21, 1988, effective August 1, 1988, and by order entered January 28, 1993, effective July 1, 1993; and by order entered January 26, 1999, effective July 1, 1999.]

Advisory Commission Comments.

Initial review of most administrative proceedings takes place in the trial court. Some appeals, however, are taken directly from an administrative proceeding to the Court of Appeals. For example, appeals from the Tennessee Regulatory Authority go to the Middle Section of the Court of Appeals, Tenn. Code Ann. § 4-5-322(b)(1). Rule 12 simply sets forth the procedure to be followed in such circumstances. This rule does not itself create a right of review.

The procedure set forth in Rule 12 is substantially the same as the procedure established in other rules dealing with appeals of right from the trial court. At the same time, this rule has been formulated so as not to conflict with the provisions or the terminology of the Tennessee Uniform Administrative Procedures Act, Tenn. Code Ann. § 4-5-101 et seq.

Advisory Commission Comments [1993].

New Rule 12 I. conforms the rules of appellate procedure to the judicial review provisions of the Tennessee Uniform Administrative Procedures Act. Rule 12 II. is the existing rule applicable to agencies not subject to the Uniform Act.

Advisory Commission Comments [1999].

Appeals from Claims Commission decisions entered after May 7, 1997, are not governed by Rule 12.

Back to Top