Tennessee § 4-5-106 - Application.

§ 4-5-106. Application.

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. 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. 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. 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 web site 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 web site 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. 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 Employment Security Law under title 50, chapter 7. 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. Compiler's Notes. Former § 4-5-106 (Acts 1974, ch. 725, § 6; 1975, ch. 370, § 13; T.C.A., § 4-512), concerning declaratory judgments on the validity of rules, was repealed by Acts 1982, ch. 874, § 35. For new law, see § 4-5-225 . Acts 1996, ch. 1079, § 184 provided: “Any provision of this act, or the application thereof, which is inconsistent with federal law, rule or regulation shall be deemed to be construed as being consistent with federal law, rule or regulation.” Acts 1998, ch. 1049, which substituted “board of probation and parole” for “board of paroles” in (c), provided in § 68 that the act take effect May 18, 1998. Section 68 further provided that the implementation of the act take effect July 1, 1999; provided, that the act may be implemented before that date upon the request of the board through its chair, with the approval of the commissioner of personnel and the commissioner of finance and administration, with review and comment by the select oversight committee on correction. Acts 2007, ch. 183, § 8 provided that § 1 of the act shall apply to claimants filing initial claims on or after July 2, 2007. Acts 2009, ch. 566, § 25 provided that the act shall apply to all rules and regulations filed with the secretary of state after July 1, 2009. Acts 2012, ch. 727, § 1 amended § 4-3-104 , which concerns name changes of departments and divisions, to provide that references to the board of probation and parole, formerly referred to in this section, are deemed references to the board of parole. This correction was made in subsection (c). Cross-References. Commissioner of revenue, revenue and letter rulings, § 67-1-109 . Powers of commissioner and department of revenue, § 67-1-102 . Law Reviews. Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).