Robertson v. Tennessee Board of Social Worker Certification & Licensure

OPINION

WADE, JJ., joined.

We accepted this appeal to determine the effect of a Tennessee administrative agency’s consideration of irrelevant or immaterial evidence on the agency’s choice of a remedy in a contested case hearing. While we hold that an agency’s consideration of irrelevant or immaterial evidence in a contested case hearing is erroneous, a party’s failure to object to the evidence waives any argument of error on appeal. In this case, we do not disturb the Tennessee Board of Social Worker Certification and Licensure’s order to revoke clinical social worker Yvonne N. Robertson’s…