Declaratory Orders

(1) As provided in T.C.A. §§ 4-5-223 and 65-2-104, any affected person may petition the Commission for a declaratory order regarding the validity or applicability of a statute, rule, or order within the primary jurisdiction of the Commission. (2) The Commission does not have jurisdiction to determine the constitutionality of a statute on its face, and any petition seeking such a declaration shall be denied. The Commission may grant petitions to resolve questions about the constitutional application of a statute to specific circumstances, the constitutionality of a rule promulgated, or an order issued by the Commission. (3) Petitions for declaratory orders shall be filed in the same form and manner as other petitions, as specified in these rules. Any such petition shall state the factual circumstances warranting a declaration by the Commission; the specific statute, rule or order as to which a declaration is sought; how the application of that statute, rule or order, affects or threatens to affect the petitioner; and a statement of the declaration requested. CONTESTED CASES CHAPTER 1220-01-02 (4) The Commission may allow persons other than the petitioner to file statements as to whether the Commission should commence a contested case, or refuse to issue a declaratory order, as provided in T.C.A. § 4-5-223. Any such statements shall be served on all parties. (5) Notices of hearing required under T.C.A § 4-5-224 shall be submitted electronically to the Secretary of State’s administrative register website, with a copy to the Division of Publications, and in other forms or forums of publication, as may be required by statute.