Section 1360-04-01-.07 - DECLARATORY ORDERS(1) Any affected person may petition an agency for a declaratory order as to the validity or the applicability of a statute, rule, or order within the primary jurisdiction of the agency.(2) The petition seeking a declaratory order shall be filed in writing with the agency. Any challenge to the applicability of a statute or rule must comply with the procedural requirements for a declaratory order, and a challenge to the applicability of a statute or rule will not be entertained without compliance with these requirements.(3) In the event the agency convenes a contested case hearing pursuant to this rule and T.C.A. § 4-5-223, in which an administrative judge from the Administrative Procedures Division of the Office of the Secretary of State (whether sitting alone or with the agency) will be utilized, then the Administrative Procedures Division shall be notified immediately and shall be promptly provided with electronic copies of all pleadings, motions, objections, etc.Tenn. Comp. R. & Regs. 1360-04-01-.07
Original rule filed November 22, 1978; effective January 8, 1979. Amendment filed May 23, 1984; effective June 22, 1984. Repeal and new rule filed November 25, 1986; effective January 9, 1987. Amendments filed January 8, 2024; effective 4/7/2024.Authority: T.C.A. §§ 4-5-219, 4-5-223, and 4-5-321.