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Tenn. Code Ann. § 4-5-224

Declaratory order request — Notices

Known as the Uniform Administrative Procedures Act

The act spans §§ 4-5-101 to 4-5-502 (69 sections).

Applied in 5 court decisions — leading case Cashion v. Robertson (1997)

Most recently applied in Tennessee Environmental Council, Inc. v. Tennessee Water Quality Control Board (October 2007)

Acts 1997, ch. 162, § 1; 2009, ch. 566, §§ 17, 18.

How often courts cite this section

19972000200730
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Whenever an agency is petitioned for a declaratory order, that agency shall: Submit electronically to the secretary of state the notice of hearing for publication in the notice section of the administrative register website and, if a statute applicable to the specific agency or a specific rule or class of rules under consideration requires some other form of publication, publish notice as required by that statute in addition to publication in the notice section of the administrative register website; and

(2) Take such other steps as it deems necessary to convey effective notice to other agencies and professional associations that are likely to have an interest in the declaratory order proceedings.

(3) Such notices shall include specific information relating to the declaratory order request, including, but not limited to: Name of petitioner and an explanation of whom such person or entity purports to represent;

(4) A summary of the relief requested, including the specific nature of the requested order, and the conclusion or conclusions the petitioner requests that the agency reach following the declaratory proceeding; and

(5) A detailed outline and summary of the statutes or regulations that the agency is called upon to interpret or upon which it is to rule.

(6) Notwithstanding § 4-5-223(a)-(c), except in the case of an emergency proceeding that meets the conditions of § 4-5-208, no declaratory order proceeding that calls for a title 63 agency to rule on the meaning of any provision of a licensee's professional licensing act may be set until at least forty-five (45) days after the notice required by this section has been filed with the secretary of state.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.