Tenn. Comp. R. & Regs. 1360-01-02-.05 - ADDITIONAL REQUIREMENTS

(1) Responses to comments

(a) When filing rulemaking hearing rules, a document containing responses to comments submitted at the rulemaking hearing must accompany the rule filing as prescribed in T.C.A. § 4-5-222. One copy of the responses is required to be filed with the filing. This requirement states only agency responses to comments are required. Letters of inquiry from parties questioning the rule will not be accepted. These comments can be summarized.

(b) When no comments are received at the hearing then there will be no responses by the agency. In this case the agency should draft a memorandum, or provide a statement on the filing, stating such and send to the Secretary of State with the filing. Minutes of the meetings will not be accepted.

(2) Joint Government Operations Committee Legislative Oversight

(a) The Secretary of State will forward the rule filings and the information submitted pursuant to T.C.A. § 4-5-225(i)(1) through (9) to the Government Operations Committee. This enables the required information to be received by the committee at the same time as the rule filings, thus facilitating the committee's review of the rule filings.

(3) Regulatory Flexibility Act

(a) Pursuant to the Regulatory Flexibility Act all agencies shall submit a statement that will accompany the rule filing with relation to the impact on small businesses.

(b) Requirements of this section can be found in Public Chapter 464 of the Acts of 2007.

(c) If applicable, the statement shall be added to the rule filing document after the signature of the Secretary for publication in the Tennessee Administrative Register by the Secretary of State.

(4) "Redline" Copy of Rule Filing

(a) Pursuant to Public Chapter 741 of the 105^th General Assembly, all agencies shall submit a "redline" version of the filing in addition to the three (3) copies required by the Secretary of State. This copy will be forwarded to the General Assembly by the Secretary of State for review by the appropriate committees. When submitting the electronic copy via email, submit two files-one in PDF format including all signatures and one in redline format. Do not submit one file in redline format.

(b) "Redline" form is a copy of the filing that shall "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."

(c) Public Chapter 741 took effect July 1, 2008.

Notes

Tenn. Comp. R. & Regs. 1360-01-02-.05

Original rule filed June 12, 1995; effective October 27, 1995. Amendment filed August 17, 1998; effective December 29, 1998. Repeal and new rule filed July 29, 2008; effective November 28, 2008. Amendment filed May 9, 2012; effective October 29, 2012. Emergency rules filed March 18, 2020; effective through September 14, 2020. Emergency rules expired effective September 15, 2020, and the rules reverted to their previous statuses. Emergency rules filed September 16, 2020; effective through March 15, 2021. Amendments filed July 24, 2020; effective 10/22/2020.

Authority: T.C.A. §§ 4-5-202, 4-5-206, 4-5-222, and Public Chapters 464 and 741 of the 105^th General Assembly.