Tennessee § 4-3-506 - Making completeness determinations and issuing or denying permits within time frame specified in department’s rules and regulations.

§ 4-3-506. Making completeness determinations and issuing or denying permits within time frame specified in department’s rules and regulations.

It is the intent of the general assembly that the department of environment and conservation seek to accomplish making a completeness determination and issuing or denying any permit within the time frames specified by the department's rules and regulations. The commissioner shall prepare semiannual permitting efficiency reports that include statistics demonstrating whether the department has acted on permit applications within the time frames established by rule. The statistics may be summarized by organizational unit established under § 4-3-503. The reports are due February 1 and August 1 of each calendar year. The report due February 1 must report data for the first six (6) months of the current fiscal year. The report due August 1 must report data for the entire previous fiscal year and must also specify any program or system changes to be made if the commissioner determines that program or system changes are necessary to achieve compliance with any time frame. If a report indicates that a division is not complying with the specified time frames, then the report must include a determination of the cause of the noncompliance. The reports must be posted on the department's website and electronically submitted to the governor and members of the general assembly. Acts 2012, ch. 980, § 1; 2020, ch. 593, § 1. Compiler's Notes. Former § 4-3-506 (Acts 1978, ch. 730, § 1; T.C.A. (orig. ed.), § 4-317), concerning special police commissions, was repealed by Acts 1986, ch. 912, § 2. For present provisions, see § 11-3-107(b) . Amendments. The 2020 amendment rewrote (b), which read: “(1) The commissioner shall prepare semiannual permitting efficiency reports that include statistics on whether the department has timely acted on permit applications pursuant to the appropriate rule. The reports are due February 1 and August 1 of each year beginning in 2013.“(2) For permit applications that have not met the time frame required by rule, the report must state the reasons for not meeting the time frame. In stating the reasons for not meeting the time frame, the commissioner shall separately identify delays caused by the responsiveness of the applicant, lack of staff, scientific or technical disagreements, or the level of public engagement.“(3) The report shall specify the number of days from initial submission of the application to the day of determination that the application is complete. The report due August 1 of each year must aggregate the data for the year and assess whether the program or system changes are necessary to achieve the time frame as specified by rule.“(4) The report shall be posted on the department’s web site and electronically submitted to the governor and members of the general assembly.” Effective Dates. Acts 2020, ch. 593, § 6. March 20, 2020. Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114 .