Dave was extremely professional but more importantly I was treated as a person not a case. He always returned calls and emails in a very timely manner. I would definitely recommend Dave to help with legal needs! -Jennifer S.

As someone who never had a lawyer, David made everything as simple as possible. He is very easy to communicate with and provides all the answers and support you will ever need. If I ever need a lawyer again, David will be my first choice to contact. -Andrew

I was falsely accused of something and had an order filed against me. Ben represented me during court and successfully had the order dismissed. He also went above and beyond to make sure it would not show up on my record. – Brittany.

Home » Blog » Administrative Appeals

Administrative Appeals

Share

CaseTennessee Department of Correction v. David Pressley

Issue:  Does the State or the Employee have the burden of proof in an administrative employment appeal?

Facts:  State Employee filed administrative appeal challenging his termination. The Board of Appeals, putting the burden of proof on the State, reduced his termination to a suspension. On appeal, the chancery court ruled that the burden of proof should have been on the Employee.

Appellate Decision:  The intermediate court reversed the chancery court, holding that the Board properly allocated the burden to the State. The court noted that the question was one of first impression under the 2012 TEAM Act, which does not expressly address this issue. The Uniform Rules for administrative hearings provide that the party who initiated the proceedings usually bears the burden of proof, but also that the burden of proof is typically on “the party who seeks to change the present state of affairs.” Looking to similar cases, the intermediate court determined that State employees have a property right to their employment that is protected by due process, which necessitates the State bearing the ultimate burden of proof.

Review Granted:  September 23, 2016.

Prediction:  Ben thinks the supreme court is likely to affirm for the reasons offered by the trial court and impose the burden of proof on the State. The burden should not change between parties at each step in the process.