Tennessee § 4-5-226 - Expiration of rules — Review by general assembly.

§ 4-5-226. Expiration of rules — Review by general assembly.

Notwithstanding any other law to the contrary, unless legislation is enacted to continue a rule to a date certain or indefinitely, any permanent rule filed in the office of the secretary of state shall expire on June 30 of the year following the year of its filing. Notwithstanding any other law to the contrary, unless legislation is enacted to continue a rule to a date certain or to a date indefinitely beyond the date upon which an agency terminates, each permanent rule that does not expire under subsection (a), shall expire on the day provided in chapter 29, part 2 of this title for termination of the agency that promulgated such rule; provided, that if such agency continues in existence pursuant to § 4-29-112, such agency rule shall expire upon completion of such wind-up period. All rules and regulations issued or promulgated by any department or agency of state government whose functions, duties, or responsibilities have been transferred to another department or agency shall remain in full force and effect, and shall thereafter be administered and enforced by the agency or department assuming responsibility for those functions, duties, or responsibilities as rules of that agency or department, and all proposed rules pending with the attorney general and reporter or secretary of state, unless withdrawn, shall continue that status as proposed rules until becoming effective as rules of the agency assuming the functions, duties, or responsibilities. The agency or department assuming responsibility for such functions, duties, or responsibilities shall have the authority to promulgate new rules and regulations pursuant to this chapter to effectuate its duties and responsibilities. To this end, the department or agency shall have the authority, consistent with the statutes and regulations pertaining to the programs and functions transferred, to modify or rescind orders, rules and regulations, decisions or policies heretofore issued and to adopt, issue or promulgate new orders, rules and regulations, decisions or policies as may be necessary for the administration of the programs or functions transferred. Rules promulgated pursuant to this chapter shall be reviewed by the government operations committees of the senate and the house of representatives meeting jointly or separately, or, alternatively, at the discretion of the chair of either of such committees, by a subcommittee of the government operations committees. Members of the government operations committees of the senate and the house of representatives shall serve as members of such committees until their successors are duly appointed; provided, that such members remain members of the general assembly. Any member of either government operations committee who ceases to be a member of the general assembly shall cease to be a member of the government operations committee on the same date such member's membership in the general assembly ceases, as provided in the Constitution of Tennessee. In the event a majority of the membership of either government operations committee shall cease to be members of the general assembly, the speaker of the senate or the speaker of the house of representatives, as the case may be, may designate an appropriate number of members to serve interim appointments until the government operations committee is reconstituted. The house of representatives and senate government operations committees shall strive to hear rules within ninety (90) days of such rules being filed in the office of the secretary of state. In conducting the review required by subsection (c), the committees or subcommittees shall hold at least one (1) public hearing to receive testimony from the public and from the administrative head of the agency. At such hearing, the agency shall have the burden of demonstrating, by convincing evidence, that consideration of the factors enumerated in subsection (e), in their totality, justifies the continued existence of an agency rule. Notice of the time and place of the public hearing shall be on the general assembly web site prior to the hearing. To the extent reasonably practicable, the committees or subcommittees shall conduct hearings on newly filed rules, other than emergency rules, during the ninety-day period immediately following the filing of the original of such rule in the office of the secretary of state. Whether an agency has met its burden of persuasion for the continued existence of a rule is solely within the discretion of the general assembly. Nothing in subdivision (d)(1) or subsection (e) creates a cause of action for any person to seek judicial review of whether the demonstration that an agency offered to justify the continued existence of a rule met the requirements of the standard prescribed in subdivision (d)(1). As part of the review of agency rules, the agency has the burden of demonstrating, by convincing evidence, that consideration of the factors enumerated in this subsection (e) justify the continued existence of an agency rule. Such factors include: Whether the agency is acting within its authority to adopt the rule; Whether the rule, considered in its entirety, will be easily understood by persons directly affected by the rule; Whether the rule is consistent, and not in conflict with or contradictory to existing law; Whether the rule is necessary to secure the health, safety, or welfare of the public; Whether the rule is necessary and essential for the agency to serve persons affected by the rule; Whether the rule is arbitrary or capricious; Whether the rule adversely impacts a person's constitutional rights; Whether the rule unnecessarily adversely impacts business or individuals; Whether the rule will result in economic efficiency for persons served by the agency and persons affected by the rule; and Whether the rule exceeds the mandatory minimum requirements of any relevant federal law or rule. As used in subsection (e): “Arbitrary or capricious” means a willful or unreasonable agency action without consideration of or in disregard of facts or law; and “Authority” means provisions of law that permit or obligate the agency to adopt, amend, or repeal a rule. Nothing contained in this chapter shall be construed to prohibit the general assembly by legislative enactment from directly or indirectly repealing or amending any rule. The committees or subcommittees have the authority to hold hearings, subpoena records, documents and persons, and to exercise all powers otherwise vested upon committees of the general assembly by title 3, chapter 3, and by the rules of the appropriate house. All agencies, upon filing a rule in the office of the secretary of state, shall also submit the following information: A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule; A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto; Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection of this rule; Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule or the necessity to promulgate the rule; An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less; Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule; Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees; Office address, e-mail address and telephone number of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and Any additional information relevant to the rule proposed for continuation that the committee requests. All amendments to existing executive agency rules to be reviewed by the committees or subcommittees pursuant to this part shall be filed with the secretary of state. One (1) copy of the amendments shall be filed in redline form for review by the committees or subcommittees. As used in subdivision (i)(2)(A), “redline form” means to denote all amendments to an existing rule by placing a line through all language to be deleted and by including all language to be added in brackets or underlined or by another clearly recognizable method that indicates the changes made to the rule. Failure to comply with this subsection (i) may be considered as evidence of the failure by an agency to meet its burden of proof required by subsection (d). The secretary of state shall refuse to accept the filing of any rule that fails to comply with this subsection (i). The committee may express its disapproval of a rule that fails, in its judgment, to satisfy any or all of the factors enumerated in subsection (e), by voting to allow such rule to expire upon its established expiration date or by voting to request the agency to repeal, amend or withdraw this rule before such established expiration date. Notice of the committee's disapproval of a rule whether by vote to allow the rule to expire or by vote to request the agency to repeal, amend or withdraw a rule shall be posted, by the secretary of state, to the administrative register on the secretary of state's web site as soon as possible after the committee meeting in which such action was taken. In the event an agency fails to comply with the committee's request to repeal, amend, or withdraw a rule within a reasonable time and before the established expiration date, the committee may vote to request the general assembly to repeal the rule, or to suspend any or all of such agency's rulemaking authority for any reasonable period of time or with respect to any particular subject matter, by legislative enactment. In addition to the grounds stated in subsection (j) it shall also be grounds for the government operations committee to recommend to the general assembly to terminate a rule promulgated under authority of any provision of title 68, chapters 201 – 221, or title 69, chapter 3, that imposes environmental requirements or restrictions on municipalities or counties that are more stringent than federal statutes or rules on the same subject, and that result in increased expenditure requirements on municipalities or counties beyond those required to meet the federal requirements, unless the general assembly has appropriated funds to the affected local government or governments to cover the increased expenditures, in addition to those they receive pursuant to other laws; provided, that a timely comment was addressed to the promulgating authority pursuant to § 4-5-204, raising this issue and specifying the level of increased expenditure mandated by the rule. If, pursuant to this section, the general assembly terminates 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. 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. Acts 1982, ch. 874, § 67; 1983, ch. 479, §§ 2-5; 1984, ch. 707, § 1; 1984, ch. 969, §§ 3, 4; 1985, ch. 440, § 3; 1986, ch. 575, §§ 3, 4; 1986, ch. 738, §§ 8, 9; 1988, ch. 700, § 3; 1990, ch. 838, § 1; 1991, ch. 206, § 1; 1992, ch. 703, § 1; 1993, ch. 316, § 3; 1994, ch. 878, § 1; 1995, ch. 546, §§ 1, 3; 1996, ch. 844, § 1; 1997, ch. 162, § 1; T.C.A., § 4-5-225 ; Acts 1999, ch. 381, § 1; 2008, ch. 741, § 1; 2009, ch. 566, § 19; 2015, ch. 502, §§ 4-8; 2016, ch. 859, §§ 2-6. Compiler's Notes. Acts 1983, ch. 261 provided that rules 0000-0379, due to expire on July 1, 1983, under the provisions of former (b)(1), would remain in effect, with certain specified exceptions. Acts 1984, ch. 969 provided that rules 0380-1199, due to expire on July 1, 1984, under the provisions of former (b)(2), would remain in effect, with certain specified exceptions. Acts 1985, ch. 440, § 2, provided that rules 1200-1319, due to expire on July 1, 1985, under the provisions of former (b)(3), would remain in effect, with certain specified exceptions. Acts 1986, ch. 575, § 2, provided that rules 1320 to the end, due to expire on July 1, 1986, under the provisions of former (b)(4), would remain in effect, with certain specified exceptions. Acts 1987, ch. 413, § 1, provided that permanent agency rules filed in calendar year 1986, in effect on May 17, 1987 and due to expire June 30, 1987, shall not expire on June 30, 1987, but shall remain in effect until amended, repealed, or superseded, with certain specified exceptions. Section 2 of that act provided that permanent agency rules filed prior to July 1, 1982, in effect on May 17, 1987 and due to expire July 1, 1987, shall not expire July 1, 1987, but shall remain in effect until amended, repealed or superseded. Acts 1988, ch. 700, § 1(a), provided that permanent agency rules filed in calendar year 1987, in effect on April 8, 1988, and due to expire on June 30, 1988, shall not expire on June 30, 1988, but shall remain in effect until repealed, amended or superseded. Section 2(a) of that chapter provided that permanent agency rules filed prior to July 1, 1982, that are in effect on April 8, 1988, and due to expire on July 1, 1988, shall not expire on July 1, 1988, but shall remain in effect until repealed, amended or superseded. Chapter 700, §§ 1(b) and 2(b) provided that the provisions in 1(a) and 2(a), respectively, shall not be construed to justify the continued effectiveness of any rule included within the provisions of subsection (a), if such rule conflicts with any enactment other than this section. Acts 1989, ch. 502, provided that with certain exceptions, permanent agency rules cited in calendar year 1988, scheduled for termination on June 30, 1989, shall not expire on June 30, 1988, but shall continue in effect until repealed, amended or superseded, and that permanent agency rules in effect on June 2, 1989, scheduled for expiration on July 1, 1989, shall not expire on July 1, 1989, but shall remain in force until repealed, amended or superseded. Acts 1990, ch. 838, § 1, provided that permanent agency rules filed in calendar year 1989, in effect on April 10, 1990, and due to expire on June 30, 1990, shall not expire on June 30, 1990, but shall remain in effect until repealed, amended or superseded. Acts 1991, ch. 398, § 1(a) provided that all permanent agency rules duly filed in the office of the secretary of state between January 1, 1990 and December 31, 1990, that are in effect on May 22, 1991, and that are scheduled for expiration by the provisions of this section, on June 30, 1991, shall not expire on June 30, 1991, but shall remain in effect until repealed or amended by subsequent rule of the appropriate rulemaking agency or until otherwise superseded by force of law. Chapter 398, § 1(b) provided that the provisions in § (1)(a) shall not be construed to justify the continued effectiveness of any rule included within the provisions of § (1)(a), if such rule conflicts with the provisions of any enactment other than this section. Acts 1992, ch. 852, § 1 provided that, with certain exceptions, permanent agency rules filed in calendar year 1991, and due to expire on June 30, 1992, shall not expire on June 30, 1992, but shall remain in effect until repealed, amended or superseded. Acts 1993, ch. 467, § 1 provided that, with certain exceptions, permanent agency rules filed in calendar year 1992, and due to expire on June 30, 1993, shall not expire on June 30, 1993, but shall remain in effect until repealed, amended or superseded. Acts 1994, ch. 878, § 2 provided that subsection (l ) shall only apply to regulations for which notice is published in the Tennessee Administrative Register after July 1, 1994. Acts 1994, ch. 957, § 1 provided that, with certain exceptions, permanent agency rules filed in calendar year 1993, and due to expire on June 30, 1994, shall not expire on June 30, 1994, but shall remain in effect until repealed, amended or superseded. Acts 1995, ch. 251, § 1 deleted Acts 1994, ch. 957, § 6, which amended Rule 0250-2-3-.01(14) of the Official Compilation of Rules and Regulations of the State of Tennessee — State Board of Education. Acts 1995, ch. 426, § 1 provided that, with certain exceptions, permanent agency rules filed in calendar year 1994, and due to expire on June 30, 1995, shall not expire on June 30, 1995, but shall remain in effect until repealed, amended or superseded. Acts 1996, ch. 1051, § 1 provided that, with certain exceptions, permanent agency rules filed in calendar year 1995, and due to expire on June 30, 1996, shall not expire on June 30, 1996, but shall remain in effect until repealed, amended or superseded. Acts 1997, ch. 433, § 1 provided that, with the following exceptions, permanent agency rules filed in calendar year 1996, and due to expire on June 30, 1997, shall not expire on June 30, 1997, but shall remain in effect until repealed, amended or superseded: Rule 0480-1-.06 (Tennessee Board of Dispensing Opticians - Fees); Rule 0260-2.06 (Board of Chiropractic Examiners - Fees); Rule 0260-3-.06 (Board of Chiropractic Examiners - Fees); Rule 1000-1-.12 (Board of Nursing - Fees); Rule 1050-2-.02 (Board of Osteopathic Examination - Schedule of Fees); Rule 0800-2.02 (Board of Medical Examiners - Fees); and Rule 0530-2-1-.03 (Registry of Election Finance - Bookkeeping Procedures). Acts 1998, ch. 1056, § 1 provided that, with the following exceptions, permanent agency rules filed in calendar year 1997, that are in effect on May 16, 1998, and due to expire on June 30, 1998, shall not expire on June 30, 1998, but shall remain in effect until repealed, amended or superseded: Rule 0530-1-2-.01 (Elections - Official Compilation Rules and Regulations of the State of Tennessee - Tennessee Registry of Election Finance); Rule 0530-1-2-.02 (Contributions - Official Compilation Rules and Regulations of the State of Tennessee - Tennessee Registry of Election Finance); Rule 0530-1-2-.03 (Designation of Contributions for an Election - Official Compilation Rules and Regulations of the State of Tennessee - Tennessee Registry of Election Finance); Rule 0530-1-2-.04 (Attribution of Contributions - Official Compilation Rules and Regulations of the State of Tennessee - Tennessee Registry of Election Finance); Rule 0530-1-2-.05 (Bookkeeping Procedures - Official Compilation Rules and Regulations of the State of Tennessee - Tennessee Registry of Election Finance); Rule 0530-1-2-.06 (Disclosure of Affiliation of Multicandidate Political Campaign Committees (PACs) - Official Compilation Rules and Regulations of the State of Tennessee - Tennessee Registry of Election Finance); and Rule 0530-1-2-.07 (Independent Expenditures - Official Compilation Rules and Regulations of the State of Tennessee — Tennessee Registry of Election Finance). Acts 1999, ch. 463, § 1(a) provided that, with certain exceptions, permanent rules filed between January 1, 1998, and December 1, 1998, in effect on June 17, 1999, and due to expire on June 30, 1999, shall not expire on June 30, 1999, but shall remain in effect until repealed, amended or superseded. Acts 2000, ch. 942, § 1 provided that, with certain exceptions, permanent rules filed between January 1, 1999, and December 31, 1999, in effect on June 21, 2000, and due to expire on June 30, 2000, shall not expire on June 30, 2000, but shall remain in effect until repealed, amended or superseded. Acts 2001, ch. 436, § 1 provided that, with certain exceptions, permanent rules filed between January 1, 2000, and December 31, 2000, in effect on June 30, 2001, and due to expire on June 30, 2001, shall not expire on June 30, 2001, but shall remain in effect until repealed, amended or superseded. Acts 2002, ch. 831, § 1 provided that, with certain exceptions, permanent rules filed between January 1, 2001, and December 31, 2001, in effect on June 30, 2002, and due to expire on June 30, 2002, shall not expire on June 30, 2002, but shall remain in effect until repealed, amended or superseded. Acts 2003, ch. 412, § 1 provided that, with certain exceptions, permanent rules filed between January 1, 2002, and December 31, 2002, in effect on June 25, 2003, and due to expire on June 30, 2003, shall not expire on June 30, 2003, but shall remain in effect until repealed, amended or superseded. Acts 2004, ch. 838, § 1 provided that, with certain exceptions, permanent rules filed after January 1, 2003, in effect on June 7, 2004, and due to expire on June 30, 2004, shall not expire on June 30, 2004, but shall remain in effect until repealed, amended or superseded. Former § 4-5-226 , concerning designation of date for automatic termination of rule, was transferred to § 4-5-227 pursuant to Acts 1997, ch. 162, § 1. Acts 2005, ch. 464, § 1 provided that: “(a) All permanent rules duly filed in the office of secretary of state after January 1, 2004, that are in effect on June 18, 2005, and that are scheduled for expiration by the provisions of § 4-5-226 , on June 30, 2005, shall not expire on June 30, 2005, but shall remain in effect until repealed or amended by subsequent rule of the appropriate rulemaking agency, or until otherwise superseded by force of law. “(b) The provisions of this act shall not be construed to justify the continued effectiveness of any rule included within the provisions of subsection (a), if such rule conflicts with the provisions of any enactment other than § 4-5-226 .” Acts 2006, ch. 918, § 1 provided that: (a) All permanent rules duly filed in the office of secretary of state after January 1, 2005, that are in effect on June 20, 2006, and that are scheduled for expiration by the provisions of § 4-5-226 on June 30, 2006, shall not expire on June 30, 2006, but shall remain in effect until repealed or amended by subsequent rule of the appropriate rulemaking agency or until otherwise superseded by force of law; and (b) The provisions of this act shall not be construed to justify the continued effectiveness of any rule included within the provisions of subsection (a), if such rule conflicts with the provisions of any enactment other than § 4-5-226 . Acts 2007, ch. 546, § 1 provided that: (a) All permanent rules duly filed in the office of secretary of state after January 1, 2006, that are in effect on June 27, 2007, and that are scheduled for expiration by the provisions of § 4-5-226 , on June 30, 2007, shall not expire on June 30, 2007, but shall remain in effect until repealed or amended by subsequent rule of the appropriate rulemaking agency or until otherwise superseded by force of law; and (b) The provisions of this section shall not be construed to justify the continued effectiveness of any rule included within the provisions of subsection (a) if such rule conflicts with the provisions of any enactment other than § 4-5-226 . Acts 2008, ch 1071, § 1 provided that: (a) All permanent rules duly filed in the office of secretary of state after January 1, 2007, that are in effect on May 28, 2008, and that are scheduled for expiration by the provisions of § 4-5-226 , on June 30, 2008, shall not expire on June 30, 2008, but shall remain in effect until repealed or amended by subsequent rule of the appropriate rulemaking agency or until otherwise superseded by force of law; and The provisions of this section shall not be construed to justify the continued effectiveness of any rule included within the provisions of subsection (a) if the rule conflicts with the provisions of any enactment other than the Uniform Administrative Procedure Act, compiled in title 4, chapter 5. Acts 2009, ch. 560, § 1 provided that: (a) All permanent rules duly filed in the office of secretary of state after January 1, 2008, that are in effect on June 30, 2009, and that are scheduled for expiration by the provisions of § 4-5-226 on June 30, 2009, shall not expire on June 30, 2009, but shall remain in effect until repealed or amended by subsequent rule of the appropriate rulemaking agency or until otherwise superseded by force of law. These provisions shall not be construed to justify the continued effectiveness of any rule included within the provisions of subsection (a) if the rule conflicts with the provisions of any enactment other than the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. 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 2010, ch. 1085, § 1 provided that: “(a) Except as provided in subsection (c), all permanent rules duly filed in the office of secretary of state after January 1, 2009, which are in effect on June 23, 2010, and which are scheduled for expiration by the provisions of § 4-5-226 , on June 30, 2010, shall not expire on June 30, 2010, but shall remain in effect until repealed or amended by subsequent rule of the appropriate rulemaking agency or until otherwise superseded by force of law. “(b) The provisions of this section shall not be construed to justify the continued effectiveness of any rule included within the provisions of subsection (a) if such rule conflicts with the provisions of any enactment other than the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. “(c) Notwithstanding the provisions of subsection (a), or any provision of title 4, chapter 5, part 2 to the contrary, the following rule filed in the office of the secretary of state by the department of human services on October 29, 2009, relative to liens for child support shall expire on June 23, 2010: Child Support Services Division, Rule 1240-2-5-.13(3)(a)(1).” Acts 2011, ch. 441, § 1 provided that: (a) All permanent rules duly filed in the office of secretary of state after January 1, 2010, that are in effect on June 10, 2011, and that are scheduled for expiration by the provisions of § 4-5-226 , on June 30, 2011, shall not expire on June 30, 2011, but shall remain in effect until repealed or amended by subsequent rule of the appropriate rulemaking agency or until otherwise superseded by force of law. The provisions of this section shall not be construed to justify the continued effectiveness of any rule included within the provisions of subsection (a) if such rule conflicts with the provisions of any enactment other than the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2012, ch. 870, § 1 provided that: (a) All permanent rules duly filed in the office of secretary of state after January 1, 2011, that are in effect on May 1, 2012, and that are scheduled for expiration by § 4-5-226 , on June 30, 2012, shall not expire on June 30, 2012, but shall remain in effect until repealed or amended by subsequent rule of the appropriate rulemaking agency or until otherwise superseded by force of law. This section shall not be construed to justify the continued effectiveness of any rule included within subsection (a) if such rule conflicts with any enactment other than the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2013, ch. 125, § 1 provided that: (a) All permanent rules duly filed in the office of secretary of state after January 1, 2012, that are in effect on April 12, 2013, and that are scheduled for expiration by the provisions of § 4-5-226 on June 30, 2013, shall not expire on June 30, 2013, but shall remain in effect until repealed or amended by subsequent rule of the appropriate rulemaking agency or until otherwise superseded by force of law. The provisions of this act section shall not be construed to justify the continued effectiveness of any rule included within the provisions of subsection (a) if such rule conflicts with the provisions of any enactment other than the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2014, ch. 948, § 1 provided that: (a) All permanent rules duly filed in the office of secretary of state after January 1, 2013, that are in effect on May 19, 2014, and that are scheduled for expiration by the provisions of § 4-5-226 , on June 30, 2014, shall not expire on June 30, 2014, but shall remain in effect until repealed or amended by subsequent rule of the appropriate rulemaking agency or until otherwise superseded by force of law. The provisions of this section shall not be construed to justify the continued effectiveness of any rule included within the provisions of subsection (a) if such rule conflicts with the provisions of any enactment other than the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2015, ch. 349, § 1 provided that: (a) Except as provided in subsection (c), all permanent rules filed in the office of secretary of state after January 1, 2014, that are in effect on May 4, 2015, and that are scheduled for expiration under§ 4-5-226 , on June 30, 2015, shall not expire on June 30, 2015, but shall remain in effect until repealed or amended by subsequent rule of the appropriate rulemaking agency or until otherwise superseded by legislative enactment. (b) This section shall not be construed to justify the continued effectiveness of any rule that will remain in effect under subsection (a) if the rule conflicts with the provisions of any legislative enactment other than the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) Notwithstanding subsection (a) or title 4, chapter 5, part 2, Tennessee Board of Optometry Rule 1045-02-.17, relative to the prohibition upon the practice of optometry in or in conjunction with any retail store or other commercial establishment where merchandise is displayed or offered for sale, and filed in the office of secretary of state on August 18, 2014, shall expire on May 4, 2015. Acts 2016, ch. 929, § 1 provided that: (a) All permanent rules filed in the office of secretary of state after January 1, 2015, that are in effect on July 1, 2016, and that are scheduled for expiration under§ 4-5-226 , on June 30, 2016, shall not expire on June 30, 2016, but shall remain in effect until repealed or amended by subsequent rule of the appropriate rulemaking agency or until otherwise superseded by legislative enactment. (b) This section shall not be construed to justify the continued effectiveness of any rule that will remain in effect under subsection (a) if the rule conflicts with the provisions of any legislative enactment other than the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2017, ch. 452, § 1 provided that, with certain exceptions, all permanent rules filed in the office of secretary of state after January 1, 2016, that are in effect on May 25, 2017 and that are scheduled for expiration under § 4-5-226 , on June 30, 2017, shall not expire on June 30, 2017, but shall remain in effect until repealed or amended by subsequent rule of the appropriate rulemaking agency or until otherwise superseded by legislative enactment. Acts 2017, ch. 452, § 2 provided that the department of revenue shall be prohibited from collecting any internet sales or use taxes authorized under department rule 1320-05-01.129(2) and permitted under a ruling of any court, until such court's ruling has been fully reviewed and rule 1320-05-01.129(2) has been approved by the general assembly pursuant to § 4-5-226 . Acts 2018, ch. 942, § 1 provided that: (a) All permanent rules filed in the office of secretary of state on or after January 1, 2017, that are in effect on May 15, 2018, and that are scheduled for expiration under § 4-5-226 , on June 30, 2018, shall not expire on June 30, 2018, but shall remain in effect until repealed or amended by subsequent rule of the appropriate rulemaking agency or until otherwise superseded by legislative enactment. (b) This section shall not be construed to justify the continued effectiveness of any rule that will remain in effect under subsection (a) if the rule conflicts with the provisions of any legislative enactment other than the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2019, ch. 429, § 1 provided that: (a) Except as provided in subsection (c), all permanent rules filed in the office of secretary of state after January 1, 2018, that are in effect on May 21, 2019, and that are scheduled for expiration under § 4-5-226 , on June 30, 2019, shall not expire on June 30, 2019, but shall remain in effect until repealed or amended by subsequent rule of the appropriate rulemaking agency or until otherwise superseded by legislative enactment. (b) This section shall not be construed to justify the continued effectiveness of any rule that will remain in effect under subsection (a) if the rule conflicts with the provisions of any legislative enactment other than the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) Notwithstanding subsection (a) or title 4, chapter 5, part 2, Tennessee Board of Funeral Directors and Embalmers Rule 0660-11-.05, relative to professional conduct, and filed in the office of secretary of state on December 12, 2018, shall expire on May 21, 2019. Acts 2019, ch. 429, § 2 provided that: The department of revenue is no longer prohibited from collecting internet sales or use taxes pursuant to department rule 1320-05-01-.129(2), a rule that was scheduled to expire on June 30, 2017, as court rulings pertaining to such rule have been reviewed by the General Assembly. Acts 2020, ch. 653, § 1 provided that: (a) Except as provided in subsection (c), all permanent rules filed in the office of secretary of state after January 1, 2019, that are in effect on April 2, 2020, and that are scheduled for expiration under § 4-5-226 , on June 30, 2020, shall not expire on June 30, 2020, but shall remain in effect until repealed or amended by subsequent rule of the appropriate rulemaking agency or until otherwise superseded by legislative enactment. (b) This section is not to be construed to justify the continued effectiveness of any rule that will remain in effect under subsection (a) if the rule conflicts with the provisions of any legislative enactment other than the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) Notwithstanding subsection (a) or title 4, chapter 5, part 2, the following rules expire on the effective date of this act: (1) Department of intellectual and developmental disabilities Rules 0465-01-04-.01 through 0465-01-04-.13, relative to public records, filed in the office of secretary of state on January 2, 2019; and (2) Board for professional counselors, marital and family therapists, and clinical pastoral therapists Rules 0450-01-.12 and 0450-01-.13, relative to continuing education and professional ethics for professional counselors; Rules 0450-02-.12 and 0450-02-.13, relative to continuing education and professional ethics for marital and family therapists; and Rules 0450-03-.12 and 0450-03-.13, relative to continuing education and professional ethics for clinical pastoral therapists, filed in the office of secretary of state on May 14, 2019. Amendments. The 2015 amendment substituted “shall” for “may” following “chapter” in the first sentence of (c); added (e)(7) and (e)(8); substituted “fails, in its judgment, to” for “fails to” at the beginning of the first sentence of (j)(1); and substituted “shall be posted, by the secretary of state, to the administrative register on the secretary of state's web site” for “shall be posted on the administrative register web site” in the middle of the last sentence of (j)(1). The 2016 amendment by ch. 859 added the designation (d)(1) at the beginning of (d); in the second sentence substituted “demonstrating, by convincing evidence, that consideration of the factors enumerated in subsection (e), in their totality,” for “demonstrating that consideration of the factors enumerated in subsection (e)”; added (d)(2); rewrote (e), which read: “(e) In conducting the review of agency rules, the committees or subcommittees shall consider the following factors:“(1) Authority;“(2) Clarity;“(3) Consistency;“(4) Justification;“(5) Necessity, which shall include the need for a regulation where no regulations presently apply; “(6) Reference;“(7) Arbitrariness and capriciousness; and“(8) Effect of the rule on business.”; in (f), substituted “‘Arbitrary or capricious’” for “‘Arbitrariness and capriciousness’” at the beginning of (1) and added “and” at the end; in (2), deleted “a regulation” following “a rule”; and deleted (3)–(8), which read:“(3) ‘Clarity’ means the grammatical and structural soundness of a rule that tends to ensure that the rule will be easily understood by those persons directly affected by such rule; “(4) ‘Consistency’ means the quality of being in harmony with, and not in conflict with or contradictory to, existing laws; “(5) ‘Effect’ means the change that results from the promulgation, implementation, and enforcement of the rule; “(6) ‘Justification’ refers to the diligent, knowledgeable, zealous and timely efforts of the agency proposing continuation of a rule to produce all pertinent and relevant documents, records, written and verbal comments, and other items of information needed to justify continuation of the rule to the committee; “(7) ‘Necessity’ means the need for and usefulness of a regulation as dictated by public policy considerations; and “(8) ‘Reference’ means the statute, court decision or other law that the agency implements, interprets or makes specific by adopting, amending or repealing a regulation.”; in (i)(1), inserted “or the necessity to promulgate the rule”; and in (j)(2), inserted “repeal the rule, or to” preceding “suspend”. Effective Dates. Acts 2015, ch. 502, § 10. July 1, 2015. Acts 2016, ch. 859, § 7. July 1, 2016. Attorney General Opinions. The rules of both the private investigation commission and the board of polygraph examiners continued in effect as rules of the private investigation and polygraph commission following the renaming of the first commission and the dissolution of the second commission and the transfer of its functions and resources to the private investigation and polygraph commission, OAG 00-116, 2000 Tenn. AG LEXIS 118 (6/27/00). To the extent that T.C.A. § 4-5-226 grants “veto” authority to a legislative committee reviewing rules, it violates the separation of powers doctrine, OAG 01-086, 2001 Tenn. AG LEXIS 77 (5/23/01).