Petition Review

(1) Within sixty (60) days of receipt of the petition, the Department shall either: (a) Set the petition for a contested case hearing; or (b) Refuse to issue a declaratory order. (2) If the Department has not set a petition for a declaratory order for a contested case hearing within sixty (60) days after receipt of the petition, the Department shall be deemed to have denied the petition and to have refused to issue a declaratory order. (3) If the Department refuses to issue a declaratory order, the Petitioner may apply for a declaratory judgment as provided in T.C.A. § 4-5-225.