Petitions For Declaratory Order

(1) Purpose. Whenever any person is affected by any statute governing the department or any statute in which authority is granted to the department to take any action, or any rule promulgated or order issued by the department, he or she may petition for a declaratory order to determine the validity or applicability of the statute, rule, or order. This rule governs the procedures for submission of petitions for declaratory orders for the department. (2) Definitions. When used in this rule, unless the context requires otherwise: (a) “Affected person” means a person who asserts that a statute, rule, or order within the primary jurisdiction of the department has had a specific and direct effect on that person; ADMINISTRATION ACTIONS AND PROCEEDINGS CHAPTER 0080-01-01 (b) “Department” means the Tennessee Department of Agriculture; and (c) “Petitioner” means the person who has filed a petition for a declaratory order. (3) Petitions for declaratory order under T.C.A. § 4-5-223 must be submitted in writing to Tennessee Department of Agriculture, Attn: General Counsel, Post Office Box 40627, Nashville, Tennessee 37204. The writing must be submitted on forms provided by the department and must address with specificity the following: (a) Identification of the specific statute, rule, or order for which the petition is submitted; (b) Name of the affected person; (c) Address of the affected person where the person’s operation or conduct is affected by application of the statute, rule, or order being petitioned; (d) Address of the affected person for purposes of receiving notice; (e) Description of the facts which led to the filing of the petition; (f) Description of the relief the petitioner is requesting, including the specific nature of the requested order and the conclusions the petitioner would like the department to reach at the conclusion of the declaratory order process; (g) Citation to the statute, rule, or order which is the subject of the petition; and (h) Description of how the cited statute, rule, or order has specifically and directly produced the effect or result upon the petitioner as described in the submitted facts. (4) Affected persons under this rule must maintain a physical address in the state where interpretation or application of the underlying statute, rule, or order governs the person’s operation or conduct. (5) A petitioner may not include more than one statutory section, rule, or order in each petition for declaratory order. (6) Petitions that do not comply with the requirements of this rule will not be reviewed by the department under T.C.A. § 4-5-223. (7) A petition for declaratory order is deemed received on the later of the date it is received by the General Counsel at the address provided in this rule or the third business day after the postmark date. (8) The department has met the 60-day requirement to set a contested case hearing for a petition upon issuance of a proposed scheduling order with the administrative law judge or hearing officer presiding over the matter.