Vanderbilt Law Review


Val Sanford

First Page



The principal conclusion to be derived from a survey of the decisions reported and the statutes adopted during the past year in the field of administrative procedure is that sound policy necessitates the enactment of a general, uniform and effective administrative procedure act in this state.The standards by which any procedural system should be measured can readily be stated. The basic purpose of any procedural system should be to attempt to assure that all matters within its scope are resolved on their true merits, and not on some failure to follow exactly the prescribed path. To accomplish this end, there must be reasonable certainty as to the application of the procedural rules. The rules themselves must be clearly expressed, readily ascertainable and must be susceptible of reasonable consistency in their application. Perfection is not to be expected of any system of administrative procedure. In Tennessee, however, it is fair to say that there is no system of administrative procedure, much less an adequate and just one. Rather, there is a tangled thicket of vague, uncertain, often conflicting and inconsistent statutes and decisions into which the hapless litigant