Tennessee § 8-6-301 - Representation of state departments and agencies — Supervision of investigations — Office of legal services exempted.

§ 8-6-301. Representation of state departments and agencies — Supervision of investigations — Office of legal services exempted.

The attorney general and reporter, either in person or by assistant, shall represent all offices, departments, agencies, boards, commissions or instrumentalities of the state now in existence or which may hereafter be created. All legal services required by such offices, departments, agencies, boards, commissions or instrumentalities of the state shall be rendered by, or under the direction of, the attorney general and reporter. This section shall not prevent the various offices, departments, agencies, boards, commissions or instrumentalities of the state from employing other attorneys, working solely under the supervision and at the direction of the agency, for the purpose of conducting investigations, advising, consulting, and assisting the office, department, agency, board, commission or instrumentality in the administration of its duties. The attorney general and reporter shall direct and supervise all investigations and litigation necessary to the administration of the duties of the various offices, departments, agencies, boards, commissions or instrumentalities of the state, and no such entities shall institute any civil proceeding except through the attorney general and reporter. Legal services provided by the office of legal services for the general assembly under title 3, chapter 12, and attorneys employed by such office are exempt from this section. The attorney general and reporter shall not represent such office before the general assembly or any committee thereof, nor shall direct or supervise such office or attorneys employed by such office. Acts 1951, ch. 20, § 1 (Williams, § 642.8); modified; 1961, ch. 56, § 1; 1979, ch. 422, § 3; T.C.A. (orig. ed.), § 8-623. Law Reviews. Remedies other than the Tennessee Uniform Administrative Procedures Act “Contested Case” Approach to Dealing with State and Local Governmental Action (John Beasley), 13 Mem. St. U.L. Rev. 619 (1984). Attorney General Opinions. Assignment of staff attorneys, OAG 97-001, 2000 Tenn. AG LEXIS 115 (1/6/97). Staff attorneys for the department of children's services may represent community service agencies to the extent deemed necessary and appropriate by the commissioner of the department of children's services, even on matters which do not entail normal department functions, OAG 00-113, 2000 Tenn. AG LEXIS 115 (6/20/00). Only the office of the attorney general may initiate civil litigation for a community service agency; the office of the attorney general must represent, supervise, and direct all other litigation involving a community service agency, unless this duty, at the discretion of the attorney general, and with the commissioner's concurrence, is expressly delegated to a department of children's services staff attorney with written authorization, OAG 00-113, 2000 Tenn. AG LEXIS 115 (6/20/00).