Section 1340-02-02-.26 - DECLARATORY ORDERS(1) Any affected person may petition the commissioner for a declaratory order as to the validity or the applicability of a statute, rule or order within the primary jurisdiction of the commissioner under the Act.(2) The petition seeking a declaratory order shall be filed in writing with the department.(3) The form of such petitions shall be substantially as follows: (a) Caption-Petition for Declaratory Order Before the Commissioner.(c) Address of Petitioner(d) Department rule, order, or statutory provision on which declaratory order is sought(e) Statement of the facts of the controversy and description of how this rule, order or statute affects or could affect the Petitioner.(f) Description of requested ruling(g) Signature of Petitioner (4) A memorandum of law shall accompany the petition setting forth the legal basis why the declaratory order should be granted. Failure to submit a memorandum in support of a petition will result in the denial of the petition. The commissioner may ask for additional facts or law before deciding whether to convene a contested case proceeding or to grant or deny the petition.(5) In the event the commissioner convenes a contested case hearing pursuant to this rule and T.C.A. § 4-5-223, the Commissioner shall determine whether a departmental hearing officer or an administrative judge, either departmental or from APD, shall hear the case. If an administrative judge from APD is to hear the case, then APD shall be notified and shall be provided originals or legible copies of all pleadings, motions, objections, etc.Tenn. Comp. R. & Regs. 1340-02-02-.26
Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed December 10, 2014; effective 3/10/2015.Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-223, 40-33-201, et seq., as amended, and 53-11-201, et seq.