1360-01-02-.05
Additional Requirements
Cite as Tenn. Comp. R. & Regs. 1360-01-02-.05
(1)
Responses to comments
(a)
When filing rulemaking hearing rules, a document containing responses to comments
submitted at the rulemaking hearing must accompany the rule filing as prescribed in
T.C.A. § 4-5-222. One copy of the responses is required to be filed with the filing. This
requirement states only agency responses to comments are required. Letters of inquiry
from parties questioning the rule will not be accepted. These comments can be
summarized.
(b)
When no comments are received at the hearing then there will be no responses by the
agency. In this case the agency should draft a memorandum, or provide a statement
on the filing, stating such and send to the Secretary of State with the filing. Minutes of
the meetings will not be accepted.
(2)
Joint Government Operations Committee Legislative Oversight
FILING OF RULES
CHAPTER 1360-01-02
(a)
The Secretary of State will forward the rule filings and the information submitted
pursuant to T.C.A. § 4-5-225(i)(1) through (9) to the Government Operations
Committee. This enables the required information to be received by the committee at
the same time as the rule filings, thus facilitating the committee’s review of the rule
filings.
(3)
Regulatory Flexibility Act
(a)
Pursuant to the Regulatory Flexibility Act all agencies shall submit a statement that will
accompany the rule filing with relation to the impact on small businesses.
(b)
Requirements of this section can be found in Public Chapter 464 of the Acts of 2007.
(c)
If applicable, the statement shall be added to the rule filing document after the
signature of the Secretary for publication in the Tennessee Administrative Register by
the Secretary of State.
(4)
“Redline” Copy of Rule Filing
(a)
Pursuant to Public Chapter 741 of the 105th General Assembly, all agencies shall
submit a “redline” version of the filing in addition to the three (3) copies required by the
Secretary of State. This copy will be forwarded to the General Assembly by the
Secretary of State for review by the appropriate committees. When submitting the
electronic copy via email, submit two files—one in PDF format including all signatures
and one in redline format. Do not submit one file in redline format.
(b)
“Redline” form is a copy of the filing that shall “denote all amendments to an existing
rule by placing a line through all language to be deleted and by including all language
to be added in brackets or underlined or by another clearly recognizable method that
indicates the changes made to the rule.”
(c)
Public Chapter 741 took effect July 1, 2008.