Tenn. Comp. R. & Regs. 1350-02-.08

Current through January 8, 2025

Section 1350-02-.08 - JUDICIAL REVIEW

(1) Any party aggrieved by a final decision of the Council may appeal the decision pursuant to T.C.A. § 4-49-128 in the Chancery Court of Davidson County, Tennessee. A petition for judicial review must be filed within thirty (30) days after receipt of the Council's final written decision and any decision on reconsideration, if reconsideration is sought.

(2) The Chancery Court shall hear appeals based on the record of the proceedings before the Council. Within forty-five (45) days of service of the petition for judicial review, or within further time as allowed by the Chancery Court, the Council shall transmit to the reviewing court the entire copy of the record of the proceeding under review.

(a) The Chancery Court 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 the Sports Gaming Act.

(b) The Chancery Court may remand an appeal to the Council to conduct further hearings.

Tenn. Comp. R. & Regs. 1350-02-.08

Emergency rules filed December 22, 2021 to become effective January 1, 2022; effective through June 30, 2022. New rules filed March 22, 2022; effective 6/20/2022.

Authority: T.C.A. §§ 4-49-106, 4-49-115, and 4-49-128.