reglab/housing_qa huggingface dataset:
TN Code § 4-5-202 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-202. When Hearings Required

  An agency shall precede all its rulemaking with notice and a public hearing unless:  The rule is adopted as an emergency rule; or   The proposed rule is posted to the administrative register website within the secretary of state's website within seven (7) days of receipt, together with a statement that the agency will adopt the proposed rule without a public hearing unless within ninety (90) days after filing of the proposed rule with the secretary of state, a petition for a public hearing on the proposed rule is filed by ten (10) persons who will be affected by the rule, an association of ten (10) or more members, a municipality or by a majority vote of any standing committee of the general assembly. If an agency receives such a petition, it shall not proceed with the proposed rulemaking until it has given notice and held a hearing as provided in this section. The agency shall forward the petition to the secretary of state. The secretary of state shall not be required to compile all filings of the preceding month into one (1) document.     Subdivision (a)(2) does not apply if another statute specifically requires the agency to hold a hearing prior to adoption of the rule under consideration.   The secretary of state shall prescribe rules governing the manner and form in which proposed written rules shall be prepared by the agencies for submission for publication under subdivision (a)(2). The secretary of state may require the online submission of rules and related filings pursuant to this part. The secretary of state may refuse to accept for publication any proposed rule that does not conform to such requirements.
TN Code § 4-5-205 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-205. Consideration of Arguments — Reasons Given for Agency Action — Advisory Committees

  The agency shall consider fully all written and oral submissions respecting proposed rules.   Upon adoption of a rule, the agency, if requested to do so by an interested person prior to adoption or within thirty (30) days thereafter, shall issue a concise statement of the principal reasons for its action.   An agency is authorized to appoint committees of experts or interested persons or representatives of the general public to advise it with respect to any contemplated rulemaking. The powers of such committees shall be advisory only. The agency may at its election compensate the members of such advisory committees for their services.
TN Code § 4-5-206 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-206. Filing of Rules

  It is the duty of the secretary of state to file the rules of each agency in a convenient and accessible manner. Each copy of a rule filed shall contain a citation of the authority pursuant to which it was adopted, and if an amendment, it shall clearly identify the original rule by rule number and title.   The secretary of state shall endorse on each copy of a rule or rules filed the time and date of filing and shall maintain a file of such rules for public inspection.   No rule shall be filed under this chapter unless it complies with § 4-5-211.   The secretary of state shall prescribe rules governing the manner and form in which written rules shall be prepared and transmitted by the agencies to the secretary of state for filing. The secretary of state may require the online submission of rules filed pursuant to this part. The secretary of state may refuse to accept any rule that does not conform to such requirements.
TN Code § 4-5-207 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-207. Effective Dates of Rules

 No rule shall become effective unless it complies with §§ 4-5-206 and 4-5-211. No rule, unless filed as an emergency rule pursuant § 4-5-208, shall become effective until ninety (90) days after the filing of such rule in the office of the secretary of state.
TN Code § 4-5-208 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-208. Emergency Rules

  An agency may, upon stating its reasons in writing for making such findings, proceed without prior notice or hearing to adopt an emergency rule, if the agency finds that:  An immediate danger to the public health, safety or welfare exists, and the nature of this danger is such that the use of any other form of rulemaking authorized by this chapter would not adequately protect the public;   The rule only delays the effective date of another rule that is not yet effective;   It is required by the constitution or court order;   It is required by an agency of the federal government and adoption of the rule through ordinary rulemaking procedures described in this chapter might jeopardize the loss of a federal program or funds; or   The agency is required by an enactment of the general assembly to implement rules within a prescribed period of time that precludes utilization of rulemaking procedures described elsewhere in this chapter for the promulgation of permanent rules.     The emergency rule shall become effective immediately, unless otherwise stated in the rule, upon a copy of the rule and a copy of the written statement of the reasons for the rule being filed with the secretary of state. The emergency rule may be effective for a period of not longer than one hundred eighty (180) days. An agency shall not adopt the same or a substantially similar emergency rule within one (1) calendar year from its first adoption, unless the agency clearly establishes that it could not reasonably be foreseen during the initial one hundred eighty-day period that the emergency would continue or would likely recur during the next nine (9) months. The adoption of the same or substantially similar rule through ordinary rulemaking procedures authorized by this chapter shall not be precluded by this section.   The agency shall take steps to make emergency rules known to persons who will be affected by the rules. The secretary of state shall post the emergency rule filing to the administrative register website within four (4) days of filing. An emergency rule filing shall remain on the administrative register website until the filing expires. The secretary of state shall update relevant rules to reflect the filing and the expiration of emergency rules.   In any action contesting a rule adopted in reliance upon this section, the burden of persuasion shall be upon the agency to demonstrate that the rule meets the criteria established by this section.   An agency's finding of an emergency pursuant to this section shall not be based upon the agency's failure to timely process and file rules through the normal rulemaking process.
TN Code § 4-5-209 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-209. Reference to Public Necessity Rules Deemed References to Emergency Rules

 Any reference in this code to public necessity rules shall be deemed to be a reference to emergency rules as provided in § 4-5-208. The Tennessee code commission is directed to change all references to public necessity rules, wherever such references appear in this code, to emergency rules, as sections are amended and volumes are replaced.
TN Code § 4-5-210 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-210. Promulgation of Rules Relating to Guides to Practice

   All entities listed in chapter 29, part 2 of this title that establish or adopt guides to practice or that regulate professions that establish or adopt guides to practice shall promulgate rules specifying all provisions included in and relating to the guides to practice.   No entity subject to this section shall adopt guides to practice developed or approved by any private organization or association that are not adopted in accordance with this chapter. Any changes to guides to practice made by a private organization or association after the guides to practice are adopted shall be effective only after the changes are also adopted in accordance with this chapter.   This subsection (a) only applies to guides to practice:  Established, adopted, or amended after April 28, 2017; and   That must be complied with in order to maintain a person's license, certification, or registration in order to practice a profession.       The rules promulgated by entities pursuant to subsection (a) shall:  Supersede any existing guides to practice developed or approved by a private organization or association that conflict with or are otherwise not included in such rules; and   Be promulgated in accordance with this chapter.     As used in this section, “guides to practice” includes codes of ethics and other measures that establish service quality standards. “Guides to practice” does not include:  Tests or examinations;   Building codes;   Safety codes; or   Drug standards.
TN Code § 4-5-211 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-211. Approval of Rules by Attorney General and Reporter

 No rule shall be filed in the office of the secretary of state until such rule has been filed with the office of the attorney general and reporter. The office of the attorney general and reporter shall review the legality and constitutionality of every rule filed pursuant to this section and shall approve or disapprove of rules based upon the attorney general's determination of the legality of such rules. The attorney general and reporter shall not disapprove an emergency rule filed pursuant to § 4-5-208 solely on the basis of failure to meet the statutory criteria for adoption of the rule contained in this chapter, unless the attorney general and reporter determines and states in writing that the attorney general and reporter could not defend the legality of the rule on the basis of failure to meet the statutory criteria for adoption of the rule contained in this chapter, in any action contesting the legal validity of the rule.
TN Code § 4-5-212 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-212. Remand of Rule That May Constitute Potentially Unreasonable Restraint of Trade

 Prior to a rule being filed by a regulatory board, as defined in § 4-4-126(a), with the secretary of state pursuant to § 4-5-207 or § 4-5-208, the commissioner or chief executive officer of the administrative department under which a regulatory board operates or to which a regulatory board is administratively attached, or a designee to the extent a conflict of interest may exist with respect to the commissioner or chief executive officer, will remand a rule that may constitute a potentially unreasonable restraint of trade to the regulatory board for additional information, further proceedings, or modification, if the rule is not consistent with a clearly articulated state policy or law established by the general assembly with respect to the regulatory board.
TN Code § 4-5-213 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-213. [reserved.]

  A rule may be withdrawn by the agency proposing the rule at any point prior to the effective date of the rule. The withdrawal shall become effective upon delivery of a written notification of such withdrawal to the office of the secretary of state and shall result in the nullification of all procedures undertaken or performed in order to promulgate the rule. The secretary of state may require the online submission of the notification of withdrawal of rules filed pursuant to this part.   If, pursuant to this chapter, an agency withdraws a rule amending a previously existing rule, then such previously existing rule shall continue in effect until it is later amended, repealed or superseded by law.
TN Code § 4-5-215 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-215. Stay of Effective Date of Rules

  Prior to the effective date of the rule, the agency proposing the rule may stay the running of the ninety-day period required by § 4-5-207 for a period of time not to exceed seventy-five (75) days. The stay shall become effective at such time as the agency files written notice with the secretary of state and shall specify the length of the effectiveness of the stay. The secretary of state may require the online submission of the notice of stay or related filings filed pursuant to this part. Prior to the expiration of the stay, the stay may be withdrawn by the agency. Withdrawal or expiration of the stay shall reactivate the running of the balance of the ninety-day period that remained upon the date the stay was filed.   Prior to the effective date of a rule, the house of representatives or senate government operations committee may stay the running of the ninety-day period required by § 4-5-207 for a period of time not to exceed seventy-five (75) days. Such stay shall become effective at such time as the committee files written notice with the secretary of state and shall specify the length of effectiveness of the stay. Prior to the expiration date of the stay, such stay may be withdrawn by the committee. Withdrawal or expiration of the stay shall reactivate the running of the balance of the ninety-day period that remained upon the date the stay was filed.
TN Code § 4-5-216 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-216. Invalidity of Improperly Adopted Rules

 Any agency rule not adopted in compliance with this chapter shall be void and of no effect and shall not be effective against any person or party nor shall it be invoked by the agency for any purpose.
TN Code § 4-5-217 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-217. Rules of Practice Required

 In addition to other rulemaking requirements imposed by law, each agency shall adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available, including, where practical, a description of all forms and instructions used by the agency.
TN Code § 4-5-218 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-218. Public Inspection and Copying of Agency Rules, Final Orders and Decisions

  Each agency shall make available for inspection and copying:  Agency rules, final orders and decisions;   Written statements of policy or interpretations formulated, adopted or used by the agency in the discharge of its functions;   Opinions of the attorney general and reporter rendered to the agency; and   A description of its current organization stating the general course and method of its operation and the methods whereby the public may obtain information or make submissions or requests.     The agency may charge reasonable compensatory fees for providing any documents specified in this section to requesting persons.   Nothing in this section shall be construed to limit access to public documents under any other provision of law.   The segregable portion of any document or other agency record specified in this section shall be provided to any person requesting such document or record after deletion of the portions that are confidential under any provision of law and payment of reasonable compensatory fees to the agency.
TN Code § 4-5-219 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-219. Model Rules of Procedure

  The secretary of state, from time to time, may adopt, in accordance with the rulemaking requirements of this chapter, model rules of procedure appropriate for use by as many agencies as possible.   The model rules shall deal with all general functions and duties performed in common by several agencies.   Each agency shall adopt as much of the model rules as is practicable. To the extent an agency adopts the model rules, it shall do so in accordance with the rulemaking requirements of this chapter.   Any rule or procedure adopted by an agency that differs from the model rules shall be accompanied by a finding stating the reasons why the relevant portions of the model rules were impracticable for such agency.
TN Code § 4-5-220 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-220. Publication of Rules on the Secretary of State's Website — Contents of Website

  After a rule is filed, the secretary of state shall, within seven (7) days of its acceptance, add the filed rule to the appropriate location within the portion of the secretary of state's website devoted to this chapter. The secretary of state's website shall contain the following:  The text of all pending rules, notices of rulemaking hearings, withdrawal of rules, stays of effective dates, withdrawal of stays of effective dates, emergency rules, announcements and proclamations. The text shall remain on the website until the filing becomes effective as provided by this chapter. After the effective date of the rule, the filing shall be archived on the website;   A table listing the citations of all rules filed that have pending effective dates, hearing dates or some other action required by this chapter;   A table listing all emergency rules in effect;   A table of all pending rules and regulations with projected financial impact upon local governments as provided to the secretary of state pursuant to § 4-5-228; and   Any other notices or documents designated by law or by the secretary of state.     The secretary of state shall compile on the secretary of state's website an official compilation of all the effective rules of each agency. Rules compiled and published on the secretary of state's website as of July 1, 2016, shall be deemed the official compilation of the effective rules of each agency, as amended by the secretary of state from time to time to reflect the addition, deletion, or revision of rules in accordance with this part. The secretary of state shall update agency rules on the effective date of any new amendment to existing rules or of any new rules. The secretary of state shall incorporate emergency rules within the appropriate agency's rules within four (4) days of their filing. The secretary of state shall revise the official compilation of rules upon the expiration of an emergency rule.   The secretary of state may, in the secretary of state's discretion, omit from the register or the compilation rules, which, if published, would be unduly cumbersome, expensive or otherwise inexpedient, if such rules are made available in printed, electronic or processed form on application to the adopting agency, and if the register or compilation contains a notice stating the general subject matter of the rules so omitted and stating how copies of the rules may be obtained.   The secretary of state shall make the register website and the official rules and regulation website available through the internet without charge to the user.
TN Code § 4-5-222 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-222. Record of Voting on Policy or Rule Adoption

   Notwithstanding any law to the contrary, in addition to other rulemaking requirements imposed by law, each agency shall maintain the following written records on each rule adopted by such agency:  The rule, in writing, signed by the person proposing such rule;   A roll call vote on adoption by “aye” or “no” of each person voting; and   The responses of the agency to the comments submitted at any public hearing on the proposed rule. Each comment shall be addressed; provided, however, that similar comments may be grouped together and addressed in one (1) response. The response to specific comments shall include the reasons for agency adoption or rejection of any specific changes suggested by the comments. A transcript of the rulemaking hearing shall not suffice as the response to comments required by this section.     The record required by this section need not be published, but a copy shall be filed with the secretary of state, and the agency shall certify its compliance with this section to the attorney general and reporter prior to the approval of the rule. Failure to file such record at the time the rule is filed with the secretary of state will make the rule void and of no effect. Such record shall be available to the public during normal office hours of the agency at its principal office or the office of the secretary of state.     Whenever policies that affect the rules and procedures of any agency are decided by vote of the agency, a record on such policies shall be maintained in accordance with this section and made available to the public in the same manner as is required for a rule.
TN Code § 4-5-223 (2021)
2021 Tennessee Code|Title 4 - State Government|Chapter 5 - Uniform Administrative Procedures Act|Part 2 - Rulemaking and Publications|§ 4-5-223. Declaratory Orders

  Any affected person may petition an agency for a declaratory order as to the validity or applicability of a statute, rule or order within the primary jurisdiction of the agency. The agency shall:  Convene a contested case hearing pursuant to this chapter and issue a declaratory order, which shall be subject to review in the chancery court of Davidson County, unless otherwise specifically provided by statute, in the manner provided for the review of decisions in contested cases; or   Refuse to issue a declaratory order, in which event the person petitioning the agency for a declaratory order may apply for a declaratory judgment as provided in § 4-5-225.     A declaratory order shall be binding between the agency and parties on the state of facts alleged in the petition unless it is altered or set aside by the agency or a court in a proper proceeding.   If an agency has not set a petition for a declaratory order for a contested case hearing within sixty (60) days after receipt of the petition, the agency shall be deemed to have denied the petition and to have refused to issue a declaratory order.   Each agency shall prescribe by rule the form of such petitions and the procedure for their submission, consideration and disposition.