4-5-202 - When hearings required. - Tennessee Statutes

4-5-202. When hearings required.

(a)  An agency shall precede all its rulemaking with notice and a public hearing unless:

     (1)  The rule is adopted as an emergency rule; or

     (2)  The proposed rule is posted to the administrative register web site within the secretary of state's web site within five (5) business days of receipt, together with a statement that the agency will adopt the proposed rule without a public hearing unless within sixty (60) days after the first day of the month subsequent to the filing of the proposed rule with the secretary of state a petition for a public hearing on the proposed rule is filed by twenty-five (25) persons who will be affected by the rule, an association of twenty-five (25) or more members, a municipality or by a majority vote of any standing committee of the general assembly. If an agency receives such a petition, it shall not proceed with the proposed rulemaking until it has given notice and held a hearing as provided in this section. The agency shall forward the petition to the secretary of state. The secretary of state shall not be required to compile all filings of the preceding month into one (1) document.

(b)  Subdivision (a)(2) does not apply if another statute specifically requires the agency to hold a hearing prior to adoption of the rule under consideration.

(c)  The secretary of state shall prescribe rules governing the manner and form in which proposed rules shall be prepared by the agencies for submission for publication under subdivision (a)(2). The secretary of state may refuse to accept for publication any proposed rule that does not conform to such requirements.

[Acts 1975, ch. 370, § 8; 1978, ch. 938, § 3; T.C.A., § 4-530; Acts 1980, ch. 729, § 1; T.C.A., § 4-5-124; Acts 1982, ch. 874, § 10; 2009, ch. 566, § 5.]