4-5-203 - Notice of hearing. - Tennessee Statutes

4-5-203. Notice of hearing.

(a)  Whenever an agency is required by law to hold a public hearing as part of its rulemaking process, the agency shall:

     (1)  Transmit written notice of the hearings to the secretary of state for publication in the notice section of the administrative register web site and, if a statute applicable to the specific agency or a specific rule or class of rules under consideration require some other form of publication, publish notice as required by that statute in addition to publication in the notice section of the administrative register web site. Such notice of a hearing shall remain on the web site until the date of such hearing;

     (2)  Take such other steps as it deems necessary to convey effective notice to persons who are likely to have an interest in the proposed rulemaking.

(b)  Except as otherwise permitted by § 4-5-204(e), notice through publication on the administrative register web site shall be given at least forty-five (45) days prior to the date set for the hearing and shall be deemed to have been given five (5) business days from the date notice was transmitted to the secretary of state for such publication.

(c)  The notice that this section requires an agency to give shall include:

     (1)  A statement of the time and place at which the hearing is to be held;

     (2)  (A)  The express terms of the rule being proposed; provided, that an informative summary reasonably calculated to give notice to interested parties may be substituted for the express terms of the proposed rule if:

                (i)  The express terms of the rule being proposed are filed with the secretary of state;

                (ii)  The secretary of state determines that publication of the entire text of the proposed rule would be impractical; and

                (iii)  The complete text of the express terms of the proposed rule is made available by the secretary of state or the agency for public inspection and copying;

          (B)  Nothing in this section shall be construed to preclude an agency from making changes in the rule being proposed after the public hearing, so long as the changes are within the scope of the rulemaking notice filed with the secretary of state;

     (3)  Insofar as practicable, a reference to the statutory authority pursuant to which the agency proposed to adopt the rule; and

     (4)  Any additional matter that may be prescribed by statute applicable to the specific rule or class of rules under consideration.

(d)  Failure of any person to receive notice of a hearing on proposed rulemaking is not grounds for invalidating the resulting rule if notice of the hearing was published as provided in subdivision (a)(1).

(e)  The secretary of state shall prescribe rules governing the manner and form in which written notice of hearings shall be transmitted by the agencies to the secretary of state for publication in the notice section of the administrative register web site. The secretary of state may refuse to accept for publication any notice of hearing transmitted that does not conform to such requirements, in which case transmission of notice shall be deemed not to have been satisfied under the provisions of subdivision (a)(1) and subsection (b).

[Acts 1975, ch. 370, § 8; T.C.A., §§ 4-531, 4-5-125; Acts 1982, ch. 874, § 11; 1986, ch. 738, § 6; 1991, ch. 346, §§ 1, 2; 2009, ch. 566, §§ 6, 7.]