Tennessee § 65-2-102 - Adoption, effective date and publication of rules.

§ 65-2-102. Adoption, effective date and publication of rules.

The commission is empowered and directed to adopt rules in the following circumstances and in the following manner: The commission shall adopt rules governing the procedure prescribed or authorized by this chapter or by any other statute applicable to the commission; these rules shall include, but shall not be limited to, rules of practice before the commission, together with forms and instructions; The commission is empowered to adopt rules implementing, interpreting, or making specific the various laws which it enforces or administers; provided, that the commission shall have no power to vary or deviate from those laws, nor to extend its power or jurisdiction to matters not provided for in those laws; The commission may adopt, amend, or repeal such rules on its own motion, or on the petition of any interested person. The commission shall prescribe by rule the form of such petitions and the procedure for their submission, consideration and disposition; provided, that the commission shall abide by any such rule adopted by it, until it shall have been changed in the manner provided for in this chapter; and Prior to the adoption of any rule, or to the amendment or repeal of any rule, the commission shall, so far as practicable and in such manner as it deems expedient, publish or otherwise circulate notice of its intended action, and afford interested persons opportunity to submit data or argument in such manner as the commission shall prescribe; provided, that no person shall be entitled to challenge the validity of such a rule, or the amendment or repeal of such a rule, on the grounds that such person failed to receive such notice or was not given an opportunity to be heard. Rules adopted by the commission shall take effect at such date as the commission shall direct. The commission shall compile and publish all rules adopted by it in such manner and in such form as it deems expedient. The commission shall also furnish copies of such compilations of its rules to all persons requesting same at a price fixed by the commission to cover publication and mailing costs. Acts 1953, ch. 162, §§ 2, 3 (Williams §§ 5501.25, 5501.26); T.C.A. (orig. ed.), §§ 65-202, 65-203; T.C.A. (orig. ed.), § 65-2-103 ; Acts 1995, ch. 305, § 9; 2017, ch. 94, § 50. Amendments. The 2017 amendment substituted “commission” for “authority” throughout the section. Effective Dates. Acts 2017, ch. 94, § 83. April 4, 2017. Law Reviews. Report on Administrative Law to the Tennessee Law Revision Commission, 20 Vand. L. Rev. 777 (1967). Symposium -- Memphis in the Law: The Process of Determining What Process is Due: The Continuing Saga of Memphis Light, Gas & Water Division v. Craft, 436 U.S. 1 (1978) (Donna Harkness), 41 U. Mem. L. Rev. 745 (2011). Attorney General Opinions. Promulgation of rules for certification of competing local telecommunications providers, OAG 94-144, 1994 Tenn. AG LEXIS 170 (12/16/94).