Tennessee Code Annotated

Title 4: State Government

Chapter 5: Uniform Administrative Procedures Act

Part 3: Contested Cases

TCA 4-5-325: Payment of costs to cited party.

(a)  When a state agency issues a citation to a person, local governmental entity, board or commission for the violation of a rule, regulation or statute and such citation results in a contested case hearing, at the conclusion of such hearing, the hearing officer or administrative law judge may order such agency to pay to the party issued a citation the amount of reasonable expenses incurred because of such citation, including a reasonable attorney's fee, if such officer or judge finds that the citation was issued:

     (1)  Even though, to the best of such agency's knowledge, information and belief formed after reasonable inquiry, the violation was not well grounded in fact and was not warranted by existing law, rule or regulation; or

     (2)  For an improper purpose such as to harass, to cause unnecessary delay or cause needless expense to the party cited.

(b)  If a final decision in a contested case hearing results in the party issued a citation seeking judicial review pursuant to § 4-5-322, the judge, at the conclusion of the hearing, may make the same findings and enter the same order as permitted the hearing officer or administrative law judge pursuant to subsection (a).

History: [Acts 1994, ch. 869, § 1.]