4-5-102 - Chapter definitions. - Tennessee Statutes

4-5-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

     (1)  “Administrative judge” means an agency member, agency employee or employee or official of the office of the secretary of state, licensed to practice law and authorized by law to conduct contested case proceedings pursuant to § 4-5-301;

     (2)  “Agency” means each state board, commission, committee, department, officer, or any other unit of state government authorized or required by any statute or constitutional provision to make rules or to determine contested cases;

     (3)  “Contested case” means a proceeding, including a declaratory proceeding, in which the legal rights, duties or privileges of a party are required by any statute or constitutional provision to be determined by an agency after an opportunity for a hearing. Such proceeding may include rate making; price fixing; granting of certificates of convenience and necessity; the making, review or equalization of tax assessments; the granting or denial of licenses, permits or franchises where the licensing board is not required to grant the licenses, permits or franchises upon the payment of a fee or the finding of certain clearly defined criteria; and suspensions of, revocations of, and refusals to renew licenses. An agency may commence a contested case at any time with respect to a matter within the agency's jurisdiction;

     (4)  “Hearing officer” means an agency member, agency employee or employee or official of the office of the secretary of state, not licensed to practice law, and authorized by law to conduct a contested case proceeding pursuant to § 4-5-301;

     (5)  “License” includes the whole or part of any agency, permit, certificate, approval, registration, charter or similar form of permission required by law;

     (6)  “Licensing” includes the agency process respecting the grant, denial, renewal, revocation, suspension, withdrawal or amendment of a license;

     (7)  “Order” means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities or other legal interests of a specific person or persons;

     (8)  “Party” means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party;

     (9)  “Person” means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character, including another agency;

     (10)  “Policy” means a set of decisions, procedures and practices pertaining to the internal operation or actions of an agency;

     (11)  “Publication” means a posting of materials on the appropriate web site by the secretary of state that have been submitted in accordance with this chapter or any other information for which the secretary of state is responsible;

     (12)  “Rule” means each agency statement of general applicability that implements or prescribes law or policy or describes the procedures or practice requirements of any agency. “Rule” includes the amendment or repeal of a prior rule, but does not include:

          (A)  Statements concerning only the internal management of state government and not affecting private rights, privileges or procedures available to the public;

          (B)  Declaratory orders issued pursuant to § 4-5-223;

          (C)  Intra-agency memoranda;

          (D)  General policy statements that are substantially repetitious of existing law;

          (E)  Agency statements that:

                (i)  Relate to the use of the highways and are made known to the public by means of signs or signals; or

                (ii)  Relate to the curriculum of individual state supported institutions of postsecondary education or to the admission or graduation of students of such individual institutions but not to the discipline or housing of students;

          (F)  Rate filings pursuant to title 56, chapters 5 and 6; or

          (G)  Statements concerning inmates of a correctional or detention facility; and

     (13)  “Small business” means a business entity, including its affiliates, that employs fifty (50) or fewer full-time employees.

[Acts 1974, ch. 725, § 2; 1975, ch. 370, § 1; 1976, ch. 388, § 1; 1976, ch. 573, § 1; T.C.A., § 4-508; Acts 1982, ch. 874, § 1; 1984, ch. 728, §§ 9, 10; 1998, ch. 740, § 1; 2007, ch. 464, § 1; 2009, ch. 566, § 1.]