Tennessee § 4-5-202 - When hearings required.

§ 4-5-202. When hearings required.

An agency shall precede all its rulemaking with notice and a public hearing unless: The rule is adopted as an emergency rule; or The proposed rule is posted to the administrative register web site within the secretary of state's web site within seven (7) days of receipt, together with a statement that the agency will adopt the proposed rule without a public hearing unless within ninety (90) days after filing of the proposed rule with the secretary of state, a petition for a public hearing on the proposed rule is filed by ten (10) persons who will be affected by the rule, an association of ten (10) or more members, a municipality or by a majority vote of any standing committee of the general assembly. If an agency receives such a petition, it shall not proceed with the proposed rulemaking until it has given notice and held a hearing as provided in this section. The agency shall forward the petition to the secretary of state. The secretary of state shall not be required to compile all filings of the preceding month into one (1) document. Subdivision (a)(2) does not apply if another statute specifically requires the agency to hold a hearing prior to adoption of the rule under consideration. The secretary of state shall prescribe rules governing the manner and form in which proposed written rules shall be prepared by the agencies for submission for publication under subdivision (a)(2). The secretary of state may require the online submission of rules and related filings pursuant to this part. The secretary of state may refuse to accept for publication any proposed rule that does not conform to such requirements. Acts 1975, ch. 370, § 8; 1978, ch. 938, § 3; T.C.A., § 4-530; Acts 1980, ch. 729, § 1; T.C.A., § 4-5-124 ; Acts 1982, ch. 874, § 10; 2009, ch. 566, § 5; 2014, ch. 782, § 1; 2015, ch. 502, § 1; 2016, ch. 576, § 1. Compiler's Notes. 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. Amendments. The 2015 amendment substituted “ten (10)” for “twenty-five (25)” two times in (a)(2). The 2016 amendment in (c) inserted “written” following “proposed” in the middle of the first sentence and added the current second sentence. Effective Dates. Acts 2015, ch. 502, § 10. July 1, 2015. Acts 2016, ch. 576, § 9. July 1, 2016. Law Reviews. State Rulemaking Under the Administrative Procedures Act — Legal Remedies (William N. Bates), 16 Tenn. B.J. No. 2, 21 (1980). Attorney General Opinions. The pharmacy based immunization program guidelines adopted by the Tennessee board of pharmacy are void as they were not promulgated as rules under the provisions of the Uniform Administrative Procedures Act, OAG 01-091, 2001 Tenn. AG LEXIS 82 (6/4/01).