Tenn. Comp. R. & Regs. 1360-01-02-.02 - DEFINITIONS OF RULES

The following are definitions of types of rules that can be filed with the Secretary of State pursuant to the Uniform Administrative Procedures Act.

(1) The term "rules" shall mean rulemaking hearing rules, proposed rules, and emergency rules. Each term mentioned is applicable to its own form.

(2) Form SS-7039 is applicable to "rulemaking hearing rules." These are rules filed by an agency after a rulemaking hearing is conducted pursuant to T.C.A. § 4-5-202.

(3) Form SS-7038 is applicable to "proposed rules." These are rules filed by an agency without a rulemaking hearing pursuant to T.C.A. § 4-5-205.

(4) Form SS-7040 is applicable to "emergency rules." These are filed by an agency pursuant to T.C.A. 4-5-208(a), where:

(a) an immediate danger to the public health, safety or welfare exists, and the nature of this danger is such that the use of any other form of rulemaking authorized by this chapter would not adequately protect the public; or

(b) the rule only delays the effective date of another rule that is not effective; or

(c) it is required by the constitution or court order; or

(d) it is required by an agency of the federal government and adoption of the rule through ordinary rulemaking procedure described in this chapter might jeopardize a federal program or funds; or

(e) the agency is required by an enactment of the general assembly to implement rules within a prescribed period of time that precludes utilization of rulemaking procedures described elsewhere in this chapter for the promulgation of permanent rules.

(5) Reserved

Notes

Tenn. Comp. R. & Regs. 1360-01-02-.02

(For history prior to June 22, 1984 see pages 1-1. 001.). Repeal and new rule filed May 23, 1984; effective June 22, 1984. Repeal and new rule filed July 29, 2008; effective November 28, 2008. Amendments filed August 24, 2009; effective January 29, 2010.

Authority: T.C.A. §§ 4-5-202, 4-5-206, 4-5-208, 4-5-209 and Public Chapter 566 of the 106^th General Assembly.