Tenn. Comp. R. & Regs. 1220-01-02-.05 - DECLARATORY ORDERS

(1) Pursuant to T.C.A. §§ 4-5-223 and 65-2-104, any affected person may petition the Authority for a declaratory order as to the validity or applicability of a statute, rule or order within the primary jurisdiction of the Authority.

(2) The Authority does not have jurisdiction to determine the constitutionality of a statute on its face, and any petition seeking such a declaration shall be denied. The Authority may grant petitions to determine questions as to the constitutional application of a statute to specific circumstances, or as to the constitutionality of a rule promulgated, or order issued, by the Authority.

(3) Petitions for declaratory orders shall be filed in the same form and manner as other petitions, as specified in these rules. Any such petition shall state the factual circumstances warranting a declaration by the Authority: the specific statute, rule or order as to which a declaration is sought; how the application of that statute, rule or order, affects or threatens to affect the petitioner; and a statement of the declaration requested.

(4) The Authority may allow persons other than the petitioner to file statements as to whether the Authority should commence a contested case, or refuse to issue a declaratory order, as provided in T.C.A. § 4-5-223. Any such statements shall be served on all parties.

Notes

Tenn. Comp. R. & Regs. 1220-01-02-.05

Original rule filed June 30, 2000; effective September 13, 2000.

Authority: T.C.A. §§ 4-5-223, 65-2-102, and 65-2-104.