reglab/housing_qa huggingface dataset:
TN Code § 4-5-224 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-224. Declaratory Order Request — Notices

  Whenever an agency is petitioned for a declaratory order, that agency shall:  Submit electronically to the secretary of state the notice of hearing for publication in the notice section of the administrative register website and, if a statute applicable to the specific agency or a specific rule or class of rules under consideration requires some other form of publication, publish notice as required by that statute in addition to publication in the notice section of the administrative register website; and   Take such other steps as it deems necessary to convey effective notice to other agencies and professional associations that are likely to have an interest in the declaratory order proceedings.     Such notices shall include specific information relating to the declaratory order request, including, but not limited to:  Name of petitioner and an explanation of whom such person or entity purports to represent;   A summary of the relief requested, including the specific nature of the requested order, and the conclusion or conclusions the petitioner requests that the agency reach following the declaratory proceeding; and   A detailed outline and summary of the statutes or regulations that the agency is called upon to interpret or upon which it is to rule.     Notwithstanding § 4-5-223(a)-(c), except in the case of an emergency proceeding that meets the conditions of § 4-5-208, no declaratory order proceeding that calls for a title 63 agency to rule on the meaning of any provision of a licensee's professional licensing act may be set until at least forty-five (45) days after the notice required by this section has been filed with the secretary of state.
TN Code § 4-5-225 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-225. Declaratory Judgments

  The legal validity or applicability of a statute, rule or order of an agency to specified circumstances may be determined in a suit for a declaratory judgment in the chancery court of Davidson County, unless otherwise specifically provided by statute, if the court finds that the statute, rule or order, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the complainant. The agency shall be made a party to the suit.   A declaratory judgment shall not be rendered concerning the validity or applicability of a statute, rule or order unless the complainant has petitioned the agency for a declaratory order and the agency has refused to issue a declaratory order.   In passing on the legal validity of a rule or order, the court shall declare the rule or order invalid only if it finds that it violates constitutional provisions, exceeds the statutory authority of the agency, was adopted without compliance with the rulemaking procedures provided for in this chapter or otherwise violates state or federal law.
TN Code § 4-5-227 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-227. Designation of Date for Automatic Termination of Rule

 Upon filing a rule with the secretary of state, an agency may designate a date on which the effectiveness of such rule will automatically terminate. Such a designation shall be made either within the substantive language of the rule or on a form provided for such purpose by the secretary of state and shall result, at the appropriate time, in the repeal and removal of such rule from the Official Compilation of Rules and Regulations of the State of Tennessee, published by the secretary of state, without any further rulemaking activity by the agency. Any rule that automatically expires under § 4-5-226, shall so expire pursuant to that section, notwithstanding the fact that the rulemaking agency may have designated a later date for the automatic termination of such rule under this section. This section shall not apply to emergency rules.
TN Code § 4-5-228 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-228. Statement by Proposing Agency Projecting Whether New Rule or Regulation to Have Financial Impact on Local Governments

  On any rule and regulation proposed to be promulgated, the proposing agency shall state in a simple declarative sentence, without additional comments on the merits or the policy of the rule or regulation, whether the rule or regulation may have a projected financial impact on local governments. The statement shall describe the financial impact in terms of increase in expenditures or decrease in revenues. If the statement says that the rule or regulation has a financial impact on local governments, the general assembly may request representatives of any affected local government to testify concerning its impact.   The proposing agency shall submit a copy of the statement provided in subsection (a) to the secretary of state.
TN Code § 4-5-229 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-229. Effective Date of New Fees or Fee Increases Promulgated by State Agency Rule

  Except as provided in subsections (b) and (c), any new fee or fee increase promulgated by state agency rule, in accordance with this chapter, shall take effect on July 1, following expiration of the ninety (90) days as provided in § 4-5-207.   This section shall not apply to rules that implement new fees or fee increases that are promulgated as emergency rules pursuant to § 4-5-208(a) and to subsequent rules that make permanent such emergency rules, as amended during the rulemaking process.   This section shall not apply to state agencies that did not, during the preceding two (2) fiscal years, collect fees in an amount sufficient to pay the cost of operating the board, commission or entity in accordance with § 4-29-121(b).
TN Code § 4-5-230 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-230. Submission of List of Adopted Policies

   On July 1 of every year, each agency that is subject to review under chapter 29 of this title shall submit a list of all policies that have been adopted by the agencies in the past year to the chair of the government operations committee of the senate and the chair of the government operations committee of the house of representatives.   The information submitted under subdivision (a)(1) shall include a summary of the policy and the agency's justification for adopting a policy on the subject instead of promulgating a rule.     The following information shall not be required to be submitted to the chairs of the committees under subdivision (a)(2):  Records or other information deemed to be confidential under title 10, chapter 7, part 5 or otherwise not required to be disclosed or made available under § 10-7-503(a);   Records or other information that are required by an agency of the federal government for the purposes of securing federal funds, complying with federal law, maintaining national security, or qualifying for or maintaining required accreditation, the failure of which could jeopardize the loss of a federal program, funds, or accreditation; and   Statements, documents, or published materials, such as frequently asked questions, that are prepared and used in the course of general correspondence with persons or entities.     This section shall apply to all policies that are proposed or developed by agencies on or after July 1, 2018.
TN Code § 4-5-231 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-231. Rules or Policies That Infringe on Agency Member's Free Speech Prohibited — Power to Remove Member

  No agency created by statute and subject to review under chapter 29 of this title shall promulgate rules or implement policies that infringe on an agency member's freedom of speech in violation of the Constitution of Tennessee, Article I, § 19, or the First Amendment of the United States Constitution.   An agency's appointing authority shall have sole power to remove a member from a board, commission, council, committee, authority, task force, or other similar multi-member agency created by statute and subject to review under chapter 29 of this title. This subsection (b) shall not impair the ability of the general assembly to reconstitute, restructure, or reestablish such agency.
TN Code § 4-5-301 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 3 - Contested Cases|§ 4-5-301. Conduct of Contested Cases

  In the hearing of any contested case, the proceedings or any part thereof shall be conducted:  In the presence of the requisite number of members of the agency as prescribed by law and in the presence of an administrative judge or hearing officer; or   By an administrative judge or hearing officer sitting alone.     It is the duty of the administrative judge or hearing officer to preside at the hearing, rule on questions of the admissibility of evidence, swear witnesses, advise the agency members as to the law of the case, and ensure that the proceedings are carried out in accordance with this chapter, other applicable law and the rules of the respective agency. At no time shall the administrative judge or hearing officer hearing a case with agency members under subsection (a) take part in the determination of a question of fact, unless the administrative judge or hearing officer is an agency member. An administrative judge or hearing officer shall, upon the judge's or the officer's own motion, or timely motion of a party, decide any procedural question of law.   The agency shall determine whether a contested case shall be conducted by an administrative judge or hearing officer sitting alone or in the presence of members of the agency; provided, that administrative judges or hearing officers employed in the office of the secretary of state shall not be required to conduct a contested case sitting alone in the absence of agreement between the agency and the secretary of state.   Contested cases under this section may be conducted by administrative judges or hearing officers employed in the office of the secretary of state upon the request of the agency being presented to the secretary of state and the request being granted.   Any agency not authorized by law to have a contested case conducted by an administrative judge, hearing officer or similar officer from the agency shall direct that the proceedings or any part thereof be conducted by an administrative judge or hearing officer employed in the office of the secretary of state.
TN Code § 4-5-302 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 3 - Contested Cases|§ 4-5-302. Disqualification of Judge, Hearing Officer, Etc. — Substitutions

  Any administrative judge, hearing officer or agency member shall be subject to disqualification for bias, prejudice, interest or any other cause provided in this chapter or for any cause for which a judge may be disqualified.   Any party may petition for the disqualification of an administrative judge, hearing officer or agency member promptly after receipt of notice indicating that the individual will serve or, if later, promptly upon discovering facts establishing grounds for disqualification.   A party petitioning for the disqualification of an agency member shall not be allowed to question the agency member concerning the grounds for disqualification at the hearing or by deposition unless ordered by the administrative judge or hearing officer conducting the hearing and agreed to by the agency member.   The individual whose disqualification is requested shall determine whether to grant the petition, stating facts and reasons for the determination.   If a substitute is required for an individual who becomes unavailable as a result of disqualification or any other reason, the substitute shall be appointed, unless otherwise provided by law by:  The governor, if the unavailable individual is a cabinet member or elected official, except that the speakers of the senate and house of representatives shall appoint a substitute for individuals elected by the general assembly; or   The appointing authority, if the unavailable individual is an appointed official.     Any action taken by a duly appointed substitute for an unavailable individual shall be as effective as if taken by the unavailable individual.
TN Code § 4-5-303 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 3 - Contested Cases|§ 4-5-303. Separation of Functions

  A person who has served as an investigator, prosecutor or advocate in a contested case may not serve as an administrative judge or hearing officer or assist or advise an administrative judge or hearing officer in the same proceeding.   A person who is subject to the authority, direction or discretion of one who has served as investigator, prosecutor or advocate in a contested case may not serve as an administrative judge or hearing officer or assist or advise an administrative judge or hearing officer in the same proceeding.   A person who has participated in a determination of probable cause or other equivalent preliminary determination in a contested case may not serve as an administrative judge or hearing officer or assist or advise an administrative judge or hearing officer in the same proceeding.   A person may serve as an administrative judge or hearing officer at successive stages of the same contested case, unless a party demonstrates grounds for disqualification in accordance with § 4-5-302.   A person who has participated in a determination of probable cause or other equivalent preliminary determination or participated in or made a decision that is on administrative appeal in a contested case may serve as an agency member in the contested case where authorized by law and not subject to disqualification or other cause provided in this chapter.
TN Code § 4-5-304 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 3 - Contested Cases|§ 4-5-304. Ex Parte Communications

  Unless required for the disposition of ex parte matters specifically authorized by statute, an administrative judge, hearing officer or agency member serving in a contested case proceeding may not communicate, directly or indirectly, regarding any issue in the proceeding, while the proceeding is pending, with any person without notice and opportunity for all parties to participate in the communication.   Notwithstanding subsection (a), an administrative judge, hearing officer or agency member may communicate with agency members regarding a matter pending before the agency or may receive aid from staff assistants, members of the staff of the attorney general and reporter, or a licensed attorney, if such persons do not receive ex parte communications of a type that the administrative judge, hearing officer or agency members would be prohibited from receiving, and do not furnish, augment, diminish or modify the evidence in the record.   Unless required for the disposition of ex parte matters specifically authorized by statute, no party to a contested case, and no other person may communicate, directly or indirectly, in connection with any issue in that proceeding, while the proceeding is pending, with any person serving as an administrative judge, hearing officer or agency member without notice and opportunity for all parties to participate in the communication.   If, before serving as an administrative judge, hearing officer or agency member in a contested case, a person receives an ex parte communication of a type that may not properly be received while serving, the person, promptly after starting to serve, shall disclose the communication in the manner prescribed in subsection (e).   An administrative judge, hearing officer or agency member who receives an ex parte communication in violation of this section shall place on the record of the pending matter all written communications received, all written responses to the communications, and a memorandum stating the substance of all oral communications received, all responses made, and the identity of each person from whom the person received an ex parte communication, and shall advise all parties that these matters have been placed on the record. Any party desiring to rebut the ex parte communication shall be allowed to do so, upon requesting the opportunity for rebuttal within ten (10) days after notice of the communication.   An administrative judge, hearing officer or agency member who receives an ex parte communication in violation of this section may be disqualified if necessary to eliminate the effect of the communication.   The agency shall, and any party may, report any willful violation of this section to appropriate authorities for any disciplinary proceedings provided by law. In addition, each agency by rule may provide for appropriate sanctions, including default, for any violations of this section.
TN Code § 4-5-305 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 3 - Contested Cases|§ 4-5-305. Representation

  Any party may participate in the hearing in person or, if the party is a corporation or other artificial person, by a duly authorized representative.   Whether or not participating in person, any party may be advised and represented at the party's own expense by counsel or, unless prohibited by law, other representative.
TN Code § 4-5-306 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 3 - Contested Cases|§ 4-5-306. Prehearing Conferences

   In any action set for hearing, the administrative judge or hearing officer assigned to hear the case, upon the administrative judge's or the hearing officer's own motion, or upon motion of one (1) of the parties or such party's qualified representatives, may direct the parties or the attorneys for the parties, or both, to appear before the administrative judge or hearing officer for a conference to consider:  The simplification of issues;   The necessity or desirability of amendments to the pleadings;   The possibility of obtaining admissions of fact and of documents that will avoid unnecessary proof;   The limitation of the number of expert witnesses; and   Such other matters as may aid in the disposition of the action.     The administrative judge or hearing officer shall make an order that recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and that limits the issues for hearing to those not disposed of by admissions or agreements of the parties, and such order when entered controls the subsequent course of the action, unless modified at the hearing to prevent manifest injustice.     Upon reasonable notice to all parties, the administrative judge or hearing officer may convene a hearing or convert a prehearing conference to a hearing, to be conducted by the administrative judge or hearing officer sitting alone, to consider argument or evidence, or both, on any question of law. The administrative judge or hearing officer may render an initial order, as otherwise provided by this chapter, on the question of law.   In the discretion of the administrative judge or hearing officer, all or part of the prehearing conference may be conducted by telephone, television or other electronic means, if each participant in the conference has an opportunity to participate in, to hear, and, if technically feasible, to see the entire proceeding while it is taking place.   If a prehearing conference is not held, the administrative judge or hearing officer for the hearing may issue a prehearing order, based on the pleadings, to regulate the conduct of the proceedings.
TN Code § 4-5-307 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 3 - Contested Cases|§ 4-5-307. Notice of Hearing

  In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.   In all proceedings the notice shall include:  A statement of the time, place, nature of the hearing, and the right to be represented by counsel;   A statement of the legal authority and jurisdiction under which the hearing is to be held, including a reference to the particular sections of the statutes and rules involved; and   A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon timely, written application a more definite and detailed statement shall be furnished ten (10) days prior to the time set for the hearing.
TN Code § 4-5-308 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 3 - Contested Cases|§ 4-5-308. Filing Pleadings, Briefs, Motions, Etc. — Service

  The administrative judge or hearing officer, at appropriate stages of the proceedings, shall give all parties full opportunity to file pleadings, motions, objections and offers of settlement.   The administrative judge or hearing officer, at appropriate stages of the proceedings, may give all parties full opportunity to file briefs, proposed findings of fact and conclusions of law, and proposed initial or final orders.   A party shall serve copies of any filed item on all parties, by mail or any other means prescribed by agency rule.
TN Code § 4-5-309 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 3 - Contested Cases|§ 4-5-309. Default

  If a party fails to attend or participate in a prehearing conference, hearing or other stage of a contested case, the administrative judge or hearing officer, hearing the case alone, or agency, sitting with the administrative judge or hearing officer, may hold the party in default and either adjourn the proceedings or conduct them without the participation of that party, having due regard for the interest of justice and the orderly and prompt conduct of the proceedings.   If the proceedings are conducted without the participation of the party in default, the administrative judge or hearing officer, hearing the case alone, shall include in the initial order a written notice of default, otherwise, the agency, sitting with the administrative judge or hearing officer, shall include such written notice of default in the final order. If the proceedings are adjourned and not conducted, the administrative judge or hearing officer, hearing the case alone, may render an initial default order, otherwise, the agency, sitting with the administrative judge or hearing officer, may render a final default order. All default orders and notices of default in default orders shall include a written statement of the grounds for the default.   A party may petition to have a default set aside by filing a timely petition for reconsideration as provided in § 4-5-317.   If a party fails to file a timely petition for reconsideration or the petition is not granted, the administrative judge or hearing officer, sitting alone, or agency, sitting with the administrative judge or hearing officer, shall conduct any further proceedings necessary to complete the contested case without the participation of the defaulting party and shall determine all issues in the adjudication, including those affecting the defaulting party.