Section 0400-60-01-.08 - APPLICATION PROCESS(1) Applications must be filed with the Office of Energy Programs.(2) Applications received within three (3) working days of the first day of the month will be deemed to have been received on the first day of the month. All applications received earlier than three (3) working days prior to the first day of the month will be returned to the applicant.(3) Filing procedures: (a) Each applicant must submit a written and signed "Certification of Petroleum Product Hardship" application to the Office of Energy Programs. Such application shall contain a sworn statement testifying to the truth and accuracy of all statements contained in the application.(b) In extreme emergencies applications may be made orally and written information provided within five (5) days. Oral applications will be accepted beginning on the first day of the month and will be deemed to have been filed on the day they are received by the Office of Energy Programs. A written application must follow the oral application within five (5) days. No hardship application will be approved for an oral applicant until all prior oral applications by the same firm have been documented by acceptable written application.(c) Each application will be for only one product type and will apply only to the current month during which the application is being made.(d) The wholesale purchaser-consumer and wholesale purchaser-reseller submitting applications on behalf of end-users must, in addition to their own application, submit a "Certification of Petroleum Product Hardship" application for each entity for whom they are requesting five thousand (5,000) gallons or more of petroleum product.(e) Each wholesaler purchaser-consumer or wholesale purchaser-reseller application requesting less than five thousand (5,000) gallons of petroleum product must be accompanied by the following minimum information: 1. Firm name, address and phone number;4. Supplier, product brand and type, and delivery terminal;5. A listing of monthly purchases during the base period;6. Minimum fuel requirements during the month;7. Shortfall for month; and(f) In making a determination on a request for a Set-Aside release, the Office of Energy Programs shall consider, but not be limited to, the following criteria: 1. The nature and effect of the unusual or abnormal circumstances causing the supply shortfall.2. The type of customer for which the product is being requested.3. The total amount of product available in the state set-aside for the month in question.4. The punctuality and completeness with which the Certification for Petroleum Product Hardship application is submitted.Tenn. Comp. R. & Regs. 0400-60-01-.08
Original rules filed January 17, 2017; effective 4/17/2017. Rule renumbered from 0500-03-01.Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam's Executive Order Number 25.