2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-132 - Rule making authority - Compliance with federal law - Notice of rulemaking

(a)
(1)
The department shall have rulemaking authority to establish any rules necessary for the administration of the child support program operated pursuant to Title IV-D of the Social Security Act (
42 U.S.C. § 651
et seq.), and shall have rulemaking authority to establish any rules to carry out the requirements of any title or part of any title that the department administers and that are necessary to implement the Title IV-D child support program and to effectuate any federal legislative or regulatory changes.
(2)
Notwithstanding any law to the contrary, the department shall have authority after July 1, 1997, to promulgate any emergency rules, following approval by the attorney general and reporter pursuant to §
4-5-208
, to implement chapter 551 of the Acts of 1997 or of any title or part of any title that the department administers and that may be necessary to implement chapter 551 of the Acts of 1997, which emergency rules shall become effective upon the effective date of any provisions of Acts 1997, ch. 551, if the implementation period of any provisions of chapter 551 of the Acts of 1997, occurs before July 1, 1998; provided, however, that the department shall promulgate permanent rules to implement chapter 551 of the Acts of 1997, pursuant to a rulemaking hearing as required by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Nothing in this subsection (a) shall be construed to abrogate the ability of the department at any time to utilize the provisions for implementing emergency rules as otherwise permitted by the Uniform Administrative Procedures Act.
(b)
Notwithstanding any other state law to the contrary, the department shall have the authority to immediately implement any federal legislative or regulatory changes by emergency rules following approval by the attorney general and reporter pursuant to §
4-5-208
if such federal legislative or regulatory changes occur before July 1, 1998; provided, however, that permanent rules shall be promulgated pursuant to the Uniform Administrative Procedures Act. Nothing in this subsection (b) shall be construed to abrogate the ability of the department at any time to utilize the provisions for implementing emergency rules as otherwise permitted by the Uniform Administrative Procedures Act.
(c)
Notwithstanding any other law to the contrary, any forms mandated by the secretary of health and human services that are required to be utilized by the department of human services in any aspect of the Title IV-D child support program administered by the department shall be implemented immediately by emergency rule of the department following approval by the attorney general and reporter pursuant to §
4-5-208
, and shall, in all respects, immediately supersede any forms in use at the time the department implements the use of such federal forms by emergency rule. Any requirements of the laws or regulations of this state that are inconsistent with the language or procedures established by such federal forms shall be subordinate to the requirements imposed by such federal forms.
(d)
Prior to the filing of a notice of rulemaking for permanent rules pursuant to this section, the department shall send the rules for review by an advisory group composed of two (2) representatives of the state court clerks' conference appointed by the president of the state court clerks' association; two (2) representatives of the judges of courts who have child support responsibilities, one (1) of whom will be appointed by the chief justice of the supreme court and one (1) of whom will be appointed by the president of the council of juvenile and family court judges; one (1) representative of the administrative office of the courts; two (2) citizen representatives who are attorneys appointed by the commissioner of human services, one (1) of whom will be an advocate for child support obligors and one (1) of whom will be an advocate for child support obligees; and two (2) representatives of the department of human services designated by the commissioner. The department shall implement procedures to ensure that the work of the advisory group is accountable and transparent to the public. This section does not prevent the department from filing any notice of rulemaking prior to or at the time the proposed permanent rules are sent to the advisory group where the department determines that immediate filing of the notice without prior review by the advisory group is necessary to meet any requirements relative to the potential expiration of emergency rules or to comply with any federal statutory or regulatory requirements or any federal policy directives, nor does the requirement of this subsection (d) supersede any requirements of subsection (c).
Amended by 2021 Tenn. Acts, ch. 526, s 1, eff. 5/25/2021.
Acts 1997 , ch. 551, § 68; 2009 , ch. 566, § 12.