reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 1 - GENERAL PROVISIONS (§§ 4-5-101 — 4-5-108) › Section 4-5-104 - Suspension of provisions when necessary to avoid loss of federal funds

(a)
The governor may exempt an agency from complying with any provision of this chapter where necessary to conform to any provisions of federal law or rules and regulations as a condition to the receipt of federal granted funds provided that:
(1)
The governor determines that, because of a conflict between this chapter and federal law or rules and regulations, receipt of federal funds either authorized, anticipated, or appropriated is placed in jeopardy;
(2)
The governor determines that the alternative procedure necessary to satisfy federal funding requirements does not abrogate basic fairness;
(3)
The governor exempts that agency from only those provisions of the chapter compliance with which would jeopardize federal funding;
(4)
The governor states in detail and in writing the governor's findings under subdivisions (a)(1) and (2), the extent of the agency's exemption under subdivision (a)(3), and the alternative procedures to replace those procedures from which the agency is exempted under this section;
(5)
The governor files a copy of such written statement with the secretary of state;
(6)
The effectiveness of the exemption shall in no case be extended beyond thirty (30) days after the date of adjournment of the next session of the general assembly lasting ten (10) legislative days or longer; and that if the general assembly fails to act within such legislative session to make by law such exemption permanent, then the governor may not at a later time reinstitute the same exemption; and
(7)
The governor may at any time determine that the federal funding is no longer jeopardized and at such time revoke the governor's exemption of an agency from any particular provision of the chapter, which revocation shall be effective upon the governor filing a written statement to that effect with the secretary of state.
(b)
Such administrative latitude is intended to facilitate the operation of state government and cooperation between the state of Tennessee and the United States government and shall not be used to create job positions that are intended to exist beyond the federal funding, nor to create any program requiring the expenditure of state funds not specifically directed by the general assembly, or that are intended to exist beyond the federal funding.
Acts 1974, ch. 725, § 4; 1975, ch. 370, § 10; 1978, ch. 895, §§ 1, 2; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; Acts 1978, ch. 938, § 2; 1979, ch. 43, §§ 1, 2; 1979, ch. 200, §§ 1, 2; T.C.A., § 4-510; modified; Acts 1980, ch. 550, § 1; 1980, ch. 758, § 1; 1981, ch. 42, §§ 1, 3; 1981, ch. 47, §§ 1, 4, 5; 1981, ch. 49, § 1; 1981, ch. 140, § 1; T.C.A., § 4-5-123(d); Acts 1982, ch. 874, §§ 3, 15, 21, 25, 26.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 1 - GENERAL PROVISIONS (§§ 4-5-101 — 4-5-108) › Section 4-5-105 - Informal settlements

Except to the extent precluded by another provision of law, informal settlement of matters that may make unnecessary more elaborate proceedings under this chapter is encouraged. Agencies may establish specific procedures for attempting and executing informal settlement of matters. This section does not require any party or other person to settle a matter pursuant to informal procedures.
Acts 1982, ch. 874, § 4.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 1 - GENERAL PROVISIONS (§§ 4-5-101 — 4-5-108) › Section 4-5-106 - Application

(a)
This chapter shall not apply to the military, the governor, the general assembly, the state building commission, the state funding board or the courts, nor shall it apply to county and municipal boards, commissions, committees, departments or officers.
(b)
Disciplinary and job termination proceedings for inmates under the supervision of the department of correction or juveniles under the supervision of the department of children's services shall not be considered "contested cases" as defined by §
4-5-102
.
(c)
Sections
4-5-105
,
4-5-219
,
4-5-223
,
4-5-225
and
4-5-301
- 4-5-323 shall not apply to the board of claims, the state election commission or the board of parole.
(d)
The rulemaking and publication provisions of this chapter shall not apply to proclamations promulgated under title 70, and the promulgation, filing and publication provisions of such title shall control, except that the secretary of state shall publish on the administrative register website current and effective proclamations in the same manner that rules and other notices are published under §
4-5-220
. The text of proclamations shall be published on the administrative register website under the proclamation section and shall have the same weight and effect prescribed in §
4-5-221(c)
, for the text of rules so published. The wildlife resources agency shall keep an original copy of all proclamations from which the effective dates of all proclamations can be determined.
(e)
Sections
4-5-303
,
4-5-309
,
4-5-311(a), (b) and (c)
,
4-5-312(c)
,
4-5-314(b)
,
4-5-315
- 4-5-318, 4-5-322 and 4-5-323, shall not apply to the department administering the Tennessee Employment Security Law, compiled in title 50, chapter 7.
(f)
This chapter shall not apply to revenue rulings and letter rulings issued by the commissioner of revenue.
Acts 1975, ch. 370, § 2; 1976, ch. 685, § 1; 1977, ch. 467, § 1; 1978, ch. 938, § 17; T.C.A., §§ 4-529, 4-5-123; Acts 1982, ch. 874, § 5; 1983, ch. 103, § 1; 1988, ch. 562, § 2; 1989, ch. 278, § 21; 1989, ch. 454, § 3; 1996, ch. 1079, § 16; 1998, ch. 1049, § 1; 1999, ch. 520, § 26; 2000, ch. 864, § 1; 2007 , ch. 183, § 1; 2009 , ch. 566, §§ 2, 3.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 1 - GENERAL PROVISIONS (§§ 4-5-101 — 4-5-108) › Section 4-5-107 - Majority needed to determine rules or contested cases - Exceptions

Unless otherwise provided by statute, no state board, commission or department composed of two (2) or more members or commissioners shall make any rule or declaratory rulings or finally determine any contested case, as the terms "rule" and "contested case" are defined in this chapter, unless a majority of the members or commissioners is present.
Acts 1975, ch. 97, § 1; T.C.A., §§ 4-528, 4-5-122(a); Acts 1982, ch. 874, § 6.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 1 - GENERAL PROVISIONS (§§ 4-5-101 — 4-5-108) › Section 4-5-108 - Legislative proposals affecting administrative procedure - Prior study

(a)
Any legislation that, in whole or in part, amends or repeals any provision of this chapter, or any legislation that reestablishes, restructures or otherwise delegates any type of rulemaking authority to any new or preexisting governmental entity to which this chapter applies, shall be referred to the government operations committee according to the rules of the senate and the rules of the house of representatives. The government operations committees of each house shall then review the legislation and shall recommend that the legislation be considered for passage or shall recommend against passage to the appropriate standing committee.
(b)
Except when the government operations committee is designated as the appropriate standing committee, nothing contained in this section shall be construed to authorize the government operations committee to delay or prevent consideration of such legislation by the appropriate house by withholding its recommendation.
(c)
Nothing contained within this chapter shall be construed to prevent the government operations committee from being considered as an appropriate standing committee to consider legislation that amends or repeals any provision of this chapter.
Acts 1980, ch. 454, § 1; T.C.A., § 4-5-131; Acts 1982, ch. 874, §§ 7, 42; 1983, ch. 479, § 1; 2009, ch. 566, § 4.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 4-5-201 - Petitions for or against rules

(a)
Except where the right to petition for a rule is restricted by statute to a designated group or except where the form of procedure for such petition is otherwise prescribed by statute, any municipality, corporation or any five (5) or more persons having an interest in a rule may petition an agency requesting the adoption, amendment or repeal of such rule.
(b)
Such petition shall state clearly and concisely:
(1)
The substance or nature of the rulemaking that is requested;
(2)
The reasons for the request and the petitioner's interest in the request; and
(3)
Reference to the authority of the agency to take the action that is requested.
(c)
After submission of a petition, the agency shall, as promptly as is consistent with the orderly dispatch of its business, deny the request or grant the same or provide for some modified form of the rule to be proposed. If the agency denies the petition, it shall promptly give notice thereof to the person who filed the petition. If the agency grants the petition in whole or in part, it shall proceed to meet the rulemaking requirements set out in this chapter.
Amended by 2021 Tenn. Acts, ch. 531, s 1, eff. 7/1/2021.
Acts 1974, ch. 725, § 5; 1975, ch. 370, § 9; T.C.A., §§ 4-511, 4-5-105; Acts 1982, ch. 874, § 9.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 4-5-205 - Consideration of arguments - Reasons given for agency action - Advisory committees

(a)
The agency shall consider fully all written and oral submissions respecting rules being proposed.
(b)
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.
(c)
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.
Amended by 2021 Tenn. Acts, ch. 531, s 7, eff. 7/1/2021.
Acts 1974, ch. 725, § 3; 1975, ch. 370, § 7; 1978, ch. 712, § 1; 1978, ch. 938, § 1; T.C.A., §§ 4-509, 4-5-103(c); Acts 1982, ch. 874, § 13.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 4-5-206 - Filing of rules

(a)
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.
(b)
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.
(c)
No rule shall be filed under this chapter unless it complies with §
4-5-211
.
(d)
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.
Amended by 2016 Tenn. Acts, ch. 576,s 3, eff. 7/1/2016.
Acts 1974, ch. 725, § 4; 1975, ch. 370, § 10; 1978, ch. 895, §§ 1, 2; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; Acts 1978, ch. 938, § 2; 1979, ch. 43, §§ 1, 2; 1979, ch. 200, §§ 1, 2; T.C.A., § 4-510; modified; Acts 1980, ch. 550, § 1; 1980, ch. 758, § 1; 1981, ch. 42, §§ 1, 3; 1981, ch. 47, §§ 1, 4, 5; 1981, ch. 49, § 1; 1981, ch. 140, § 1; T.C.A., §
4-5-104(e)(2), (e)(3), (f)
; Acts 1982, ch. 874, § 14; 2009, ch. 566, §§ 8, 9.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 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.
Acts 1982, ch. 874, § 16; 1986, ch. 738, § 8; 1993, ch. 316, § 1; 2009, ch. 566, § 10.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 4-5-208 - Emergency rules

(a)
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:
(1)
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;
(2)
The rule only delays the effective date of another rule that is not yet effective;
(3)
It is required by the constitution or court order;
(4)
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
(5)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
Amended by 2014 Tenn. Acts, ch. 782, s 3, eff. 7/1/2014.
Acts 1982, ch. 874, § 17; 1991, ch. 346, § 4; 1993, ch. 316, §§ 4, 5; 2009 , ch. 566, § 11.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 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.
Amended by 2015 Tenn. Acts, ch. 502,s 9, eff. 7/1/2015.
Acts 1981, ch. 47, § 3; T.C.A., § 4-5-133; Acts 1982, ch. 874, § 18; 1986, ch. 738, § 7; 1993, ch. 316, § 6; 2009, ch. 566, § 12.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 4-5-210 - Promulgation of rules relating to guides to practice

(a)
(1)
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.
(2)
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.
(3)
This subsection (a) only applies to guides to practice:
(A)
Established, adopted, or amended after April 28, 2017; and
(B)
That must be complied with in order to maintain a person's license, certification, or registration in order to practice a profession.
(b)
The rules promulgated by entities pursuant to subsection (a) shall:
(1)
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
(2)
Be promulgated in accordance with this chapter.
(c)
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:
(1)
Tests or examinations;
(2)
Building codes;
(3)
Safety codes; or
(4)
Drug standards.
Added by 2017 Tenn. Acts, ch. 215, s 1, eff. 4/28/2017.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 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 approve an emergency rule filed pursuant to §
4-5-208
if the emergency rule does not meet the statutory criteria for adoption of the rule contained in this chapter.
Amended by 2021 Tenn. Acts, ch. 291, s 1, eff. 7/1/2021.
Acts 1982, ch. 874, § 20; 2009 , ch. 566, § 13.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 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 §
4-4-125(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.
Acts 2017, ch. 230, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 4-5-213 - Report of department's chapters - Certification of report

(a)
For the purposes of this section:
(1)
"Chapter" means the grouping of rules in the secretary of state's numbering system that follows the entity control number and division, if any, but is before the individual rule number; and
(2)
"Department" means an administrative department of state government included in §
4-3-101
or any other agency not administratively attached to an administrative department.
(b)
By December 1, 2023, and every eight (8) years thereafter, a department with rules promulgated and published on the secretary of state's website pursuant to §
4-5-220
, or with an administratively attached agency with rules promulgated and published on the secretary of state's website pursuant to §
4-5-220
, shall submit a report of the department's chapters in effect as of July 1 of the year that the report is due 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 report includes:
(1)
A brief description of the department's operations that each chapter affects;
(2)
For each rule in a chapter, the rule's administrative history, including, but not limited to, the original date the rule was promulgated and the date the rule was last amended;
(3)
A determination of whether each rule in the chapter should:
(A)
Be amended or repealed;
(B)
Be reviewed further; or
(C)
Continue in effect without amendment; and
(4)
A determination of whether each rule in the chapter adheres to current state and federal law, to court rulings, and to any other standards that affect the rule.
(c)
The department shall certify the report submitted under this section. If a department intentionally makes a false statement in the report, then the government operations committee of the senate and the government operations committee of the house of representatives, meeting jointly or separately, may vote to request the general assembly to repeal a rule, or suspend any or all of the department's rulemaking authority for any reasonable period of time or with respect to any particular subject matter, by legislative enactment.
Added by 2021 Tenn. Acts, ch. 328, s 1, eff. 7/1/2021.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 4-5-214 - Withdrawal of rules

(a)
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.
(b)
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.
Amended by 2016 Tenn. Acts, ch. 576,s 4, eff. 7/1/2016.
Acts 1974, ch. 725, § 4; 1975, ch. 370, § 10; 1978, ch. 895, §§ 1, 2; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; Acts 1978, ch. 938, § 2; 1979, ch. 43, §§ 1, 2; 1979, ch. 200, §§ 1, 2; T.C.A., § 4-510; modified; Acts 1980, ch. 550, § 1; 1980, ch. 758, § 1; 1981, ch. 42, §§ 1, 3; 1981, ch. 47, §§ 1, 4, 5; 1981, ch. 49, § 1; 1981, ch. 140, § 1; T.C.A., §
4-5-104(i)
; Acts 1982, ch. 874, § 23; 2009, ch. 566, § 21.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 4-5-215 - Stay of effective date of rules

(a)
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.
(b)
Prior to the effective date of a rule, the house of representatives or the 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 ninety (90) days. If the government operations committee of the house of representatives and senate acting jointly determines that subsequent stays are necessary, then the joint committee may issue consecutive stays, each for an additional ninety (90) day period, so long as such stays do not extend beyond the fifth legislative day of the year following the year in which the rule is filed with the office of the secretary of state. A stay is effective when the respective committee files written notice with the secretary of state, and the respective committee shall specify the length of effectiveness of the stay. Prior to the expiration date of the stay, such stay may be withdrawn by the respective committee. Withdrawal or expiration of the stay reactivates the running of the balance of the ninety-day period that remained upon the date the stay was filed.
Amended by 2021 Tenn. Acts, ch. 532, s 1, eff. 5/25/2021.
Amended by 2016 Tenn. Acts, ch. 576, s 5, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 502, s 3, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 502, s 2, eff. 7/1/2015.
Acts 1974, ch. 725, § 4; 1975, ch. 370, § 10; 1978, ch. 895, §§ 1, 2; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; Acts 1978, ch. 938, § 2; 1979, ch. 43, §§ 1, 2; 1979, ch. 200, §§ 1, 2; T.C.A., § 4-510; modified; Acts 1980, ch. 550, § 1; 1980, ch. 758, § 1; 1981, ch. 42, §§ 1, 3; 1981, ch. 47, §§ 1, 4, 5; 1981, ch. 49, § 1; 1981, ch. 140, § 1; T.C.A., §
4-5-104(j)
; Acts 1982, ch. 874, § 24; 1991, ch. 266, § 1; 1993, ch. 316, § 2; 1995, ch. 546, § 2; 2009 , ch. 566, § 14.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 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.
Acts 1982, ch. 874, § 25.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 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.
Acts 1982, ch. 874, § 27.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 4-5-218 - Public inspection and copying of agency rules, final orders and decisions

(a)
Each agency shall make available for inspection and copying:
(1)
Agency rules, final orders and decisions;
(2)
Written statements of policy or interpretations formulated, adopted or used by the agency in the discharge of its functions;
(3)
Opinions of the attorney general and reporter rendered to the agency; and
(4)
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.
(b)
The agency may charge reasonable compensatory fees for providing any documents specified in this section to requesting persons.
(c)
Nothing in this section shall be construed to limit access to public documents under any other provision of law.
(d)
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.
Acts 1982, ch. 874, § 28; 1986, ch. 738, § 10; 1994, ch. 903, § 1; 2009, ch. 566, § 22.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 4-5-219 - Model rules of procedure

(a)
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.
(b)
The model rules shall deal with all general functions and duties performed in common by several agencies.
(c)
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.
(d)
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.
Amended by 2016 Tenn. Acts, ch. 576,s 6, eff. 7/1/2016.
Acts 1982, ch. 874, § 29.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 4-5-220 - Publication of rules on the secretary of state's website - Contents of website

(a)
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:
(1)
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;
(2)
A table listing the citations of all rules filed that have pending effective dates, hearing dates or some other action required by this chapter;
(3)
A table listing all emergency rules in effect;
(4)
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
(5)
Any other notices or documents designated by law or by the secretary of state.
(b)
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.
(c)
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.
(d)
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.
Amended by 2016 Tenn. Acts, ch. 576, s 7, eff. 7/1/2016.
Amended by 2014 Tenn. Acts, ch. 782, s 5, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 782, s 4, eff. 7/1/2014.
Acts 1982, ch. 874, § 30; 1996, ch. 779, §§ 1, 2, 4; 2009 , ch. 566, § 15; 2010 , ch. 1070, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 4-5-222 - Record of voting on policy or rule adoption

(a)
(1)
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:
(A)
The rule, in writing, signed by the person proposing such rule;
(B)
A roll call vote on adoption by "aye" or "no" of each person voting; and
(C)
The responses of the agency to the comments submitted at any public hearing on the rule being proposed. 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.
(2)
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.
(b)
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.
Amended by 2021 Tenn. Acts, ch. 531, s 8, eff. 7/1/2021.
Acts 1977, ch. 187, § 1; T.C.A., §§ 4-536, 4-5-130; Acts 1982, ch. 874, § 32; 1991, ch. 346, § 5; 1993, ch. 458, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 4-5-223 - Declaratory orders

(a)
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:
(1)
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
(2)
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
.
(b)
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.
(c)
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.
(d)
Each agency shall prescribe by rule the form of such petitions and the procedure for their submission, consideration and disposition.
Acts 1982, ch. 874, § 34.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 4-5-224 - Declaratory order request - Notices

(a)
Whenever an agency is petitioned for a declaratory order, that agency shall:
(1)
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
(2)
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.
(b)
Such notices shall include specific information relating to the declaratory order request, including, but not limited to:
(1)
Name of petitioner and an explanation of whom such person or entity purports to represent;
(2)
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
(3)
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.
(c)
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.
Acts 1997 , ch. 162, § 1; 2009 , ch. 566, §§ 17, 18.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 4-5-225 - Declaratory judgments

(a)
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.
(b)
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.
(c)
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.
Acts 1982, ch. 874, § 35; 1997, ch. 162, § 1; T.C.A., §
4-5-224
.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 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.
Acts 1986, ch. 738, § 5; 1997, ch. 162, § 1; T.C.A., §
4-5-226
; Acts 2009, ch. 566, § 20.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 4-5-228 - Statement by proposing agency projecting whether new rule or regulation to have financial impact on local governments

(a)
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.
(b)
The proposing agency shall submit a copy of the statement provided in subsection (a) to the secretary of state.
Acts 2010, ch. 1070, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 4-5-229 - Effective date of new fees or fee increases promulgated by state agency rule

(a)
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
.
(b)
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.
(c)
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)
.
Acts 2012, ch. 1067, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 4-5-230 - Submission of list of adopted policies

(a)
(1)
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.
(2)
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.
(b)
The following information shall not be required to be submitted to the chairs of the committees under subdivision (a)(2):
(1)
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)
;
(2)
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
(3)
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.
(c)
This section shall apply to all policies that are proposed or developed by agencies on or after July 1, 2018.
Added by 2018 Tenn. Acts, ch. 929,s 3, eff. 7/1/2018.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 2 - RULEMAKING AND PUBLICATIONS (§§ 4-5-201 — 4-5-231) › Section 4-5-231 - Rules or policies that infringe on agency member's free speech prohibited - Power to remove member - Exception for state board of education

(a)
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.
(b)
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.
(c)
Subsection (b) does not apply to the state board of education.
Amended by 2021 Tenn. Acts, ch. 493, s 36, eff. 5/25/2021.
Added by 2018 Tenn. Acts, ch. 929, s 3, eff. 7/1/2018.