Section 0720-13-.04 - DECLARATORY ORDERS(1) Any affected person may petition The Agency for a declaratory order, as provided in T.C.A. § 4-5-223, as to the interpretation, validity, or applicability of a statute or rule within the primary jurisdiction of The Agency. Such petition shall be filed with The Agency in triplicate, and must specifically identify the statute or rule at issue, and the nature of the ruling sought.(2) A petition for declaratory order is viewed as primarily involving questions of law and statutory or rule interpretation. The parties should strive to limit the amount of evidence presented, and to stipulate the facts to the extent possible.(3) In the event the petition for declaratory order arises out of The Agency's action on a specific project or issue, the petition for declaratory order shall be filed within thirty (30) days of the date of The Agency meeting at which the action at issue was taken.(4) No person may file a petition for declaratory order as to any action or issue which is the subject of a pending or completed contested case proceeding involving the same person.Tenn. Comp. R. & Regs. 0720-13-.04
Original rule filed August 31, 2005; effective November 14, 2005.Authority: T.C.A. §§ 4-5-202, 4-5-223, 4-5-310, 4-5-314, 68-11-1605, and 68-11-1610.