State Codes and Statutes

State Codes and Statutes

Statutes > Tennessee > Title-65 > Chapter-2 > 65-2-102

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

(a)  The authority is empowered and directed to adopt rules in the following circumstances and in the following manner:

     (1)  The authority shall adopt rules governing the procedure prescribed or authorized by this chapter or by any other statute applicable to the authority; these rules shall include, but shall not be limited to, rules of practice before the authority, together with forms and instructions;

     (2)  The authority is empowered to adopt rules implementing, interpreting, or making specific the various laws which it enforces or administers; provided, that the authority 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;

     (3)  The authority may adopt, amend, or repeal such rules on its own motion, or on the petition of any interested person. The authority shall prescribe by rule the form of such petitions and the procedure for their submission, consideration and disposition; provided, that the authority shall abide by any such rule adopted by it, until it shall have been changed in the manner provided for in this chapter; and

     (4)  Prior to the adoption of any rule, or to the amendment or repeal of any rule, the authority 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 authority 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.

(b)  Rules adopted by the authority shall take effect at such date as the authority shall direct. The authority shall compile and publish all rules adopted by it in such manner and in such form as it deems expedient. The authority shall also furnish copies of such compilations of its rules to all persons requesting same at a price fixed by the authority 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.]