65-2-105 - Declaratory judgment on validity of rules. - Tennessee Statutes

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65-2-105. Declaratory judgment on validity of rules.

The validity of any rule of the authority may be determined upon petition for a declaratory judgment thereon addressed to the chancery court of Davidson County, when it appears that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the petitioner. The authority shall be made a party to all such proceedings. Such declaratory judgment may be rendered whether or not the petitioner has first requested the authority to pass upon the validity of the rule in question. In passing on such rules, the court shall declare the rule invalid only if it finds that it violates constitutional provisions or exceeds the statutory authority of the authority or was adopted without compliance with the rulemaking procedures provided for in this chapter.

[Acts 1953, ch. 162, § 4 (Williams, § 5501.27); T.C.A. (orig. ed.), § 65-205; Acts 1995, ch. 305, § 9.]

State Codes and Statutes

Statutes > Tennessee > Title-65 > Chapter-2 > 65-2-105

65-2-105. Declaratory judgment on validity of rules.

The validity of any rule of the authority may be determined upon petition for a declaratory judgment thereon addressed to the chancery court of Davidson County, when it appears that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the petitioner. The authority shall be made a party to all such proceedings. Such declaratory judgment may be rendered whether or not the petitioner has first requested the authority to pass upon the validity of the rule in question. In passing on such rules, the court shall declare the rule invalid only if it finds that it violates constitutional provisions or exceeds the statutory authority of the authority or was adopted without compliance with the rulemaking procedures provided for in this chapter.

[Acts 1953, ch. 162, § 4 (Williams, § 5501.27); T.C.A. (orig. ed.), § 65-205; Acts 1995, ch. 305, § 9.]

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Statutes > Tennessee > Title-65 > Chapter-2 > 65-2-105

65-2-105. Declaratory judgment on validity of rules.

The validity of any rule of the authority may be determined upon petition for a declaratory judgment thereon addressed to the chancery court of Davidson County, when it appears that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the petitioner. The authority shall be made a party to all such proceedings. Such declaratory judgment may be rendered whether or not the petitioner has first requested the authority to pass upon the validity of the rule in question. In passing on such rules, the court shall declare the rule invalid only if it finds that it violates constitutional provisions or exceeds the statutory authority of the authority or was adopted without compliance with the rulemaking procedures provided for in this chapter.

[Acts 1953, ch. 162, § 4 (Williams, § 5501.27); T.C.A. (orig. ed.), § 65-205; Acts 1995, ch. 305, § 9.]