2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 4 - TENNESSEE COSMETOLOGY ACT OF 1986 (§§ 62-4-101 — 62-4-217) › Part 2 - COSMETOLOGY LICENSURE COMPACT (§§ 62-4-201 — 62-4-217) › Section 62-4-213 - Rulemaking

(a)
The commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes of this compact. A rule is invalid and has no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of this compact, or the powers granted under this compact, or based upon another applicable standard of review.
(b)
The rules of the commission have the. force of law in each member state; provided, howeyer, that where the rules of the commission conflict with the laws of the member state that establish the member state's scope of practice laws governing the practice of cosmetology as held by a court of competent jurisdiction, the rules of the commission are ineffective in that state to the extent of the conflict.
(c)
The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted under this section. Rules become binding as of the date specified by the commission for each rule.
(d)
If a majority of the legislatures of the member states rejects a rule or portion of a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four (4) years of the date of adoption of the rule, then such rule has no further force and effect in any member state or to any state applying to participate in this compact.
(e)
Rules must be adopted at a regular or special meeting of the commission.
(f)
Prior to adoption of a proposed rule, the commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.
(g)
Prior to adoption of a proposed rule by the commission, and at least thirty (30) days in advance of the meeting at which the commission will hold a public hearing on the proposed rule, the commission must provide a notice of proposed rulemaking:
(1)
On the website of the commission or other publicly accessible platform;
(2)
To persons who have requested notice of the commission's notices of proposed rulemaking; and
(3)
In such other ways as the commission may by rule specify.
(h)
The notice of proposed rulemaking must include:
(1)
The time, date, and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the commission will consider and vote on the proposed rule;
(2)
If the hearing is held via telecommunication, video conference, or other electronic means, the commission must include the mechanism for access to the hearing in the notice of proposed rulemaking;
(3)
The text of the proposed rule and the reason therefor;
(4)
A request for comments on the proposed rule from any interested person; and
(5)
The manner in which interested persons may submit written comments.
(i)
All hearings must be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule must be available to the public.
(j)
Nothing in this section must be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
(k)
(1)
The commission shall, by majority vote of all members, take final action on the proposed rule based on the rulemaking record and the full text of the rule.
(2)
The commission may adopt changes to the proposed rule; provided, the changes do not enlarge the original purpose of the proposed rule.
(3)
The commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.
(4)
The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection (I), the effective date of the rule must be no sooner than forty-five (45) days after the commission issuing the notice that it adopted or amended the rule.
(l)
Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with five (5) days' notice, with opportunity to comment; provided, that the usual rulemaking procedures provided in this compact and in this section must be retroactively applied to the rule as soon as reasonably possible, but in no event later than ninety (90) days after the effective date of the rule. For the purposes of this subsection (I), an emergency rule is one (1) that must be adopted immediately to:
(1)
Meet an imminent threat to public health, safety, or welfare;
(2)
Prevent a loss of commission or member state funds;
(3)
Meet a deadline for the promulgation of a rule that is established by federal law or rule; or
(4)
Protect public health and safety.
(m)
The commission or an authorized committee of the commission may direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions must be posted on the website of the commission. The revision is subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge must be made in writing and delivered to the commission prior to the end of the notice period. If no challenge is made, then the revision takes effect without further action. If the revision is challenged, then the revision does not take effect without the approval of the commission.
(n)
No member state's rulemaking requirements apply under this compact.
Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.