Section 0720-08-.03 - STAFF AND AGENCY DETERMINATIONS(1) Persons seeking information and/or guidance from The Agency or staff may receive such information and/or guidance by any of three methods: informal staff advice, staff determinations, or official Agency determinations.(2) Staff Advice. Staff members may give advice or guidance orally or in writing when requested. Such informal staff advice is merely the personal opinion of the staff member, and does not represent the position of The Agency or any member thereof. Such advice is not binding on The Agency, and creates no precedent.(3) Staff Determinations. A staff determination may be issued in writing, and signed by the executive director or general counsel. While a staff determination represents the considered position of staff, it does not necessarily represent the position of The Agency. A staff determination is not required to be officially adopted by The Agency, and creates no binding precedent on The Agency. (a) When an inquiry is received which does not specifically request an official Agency determination, the executive director will determine whether the inquiry should be handled as a staff determination or as an Agency determination.(4) Agency Determinations. An Agency determination represents a formal opinion of The Agency. Agency determinations are initially analyzed and drafted by staff, and presented to the full Agency during a regularly scheduled Agency meeting. The Agency may then adopt, reject, or modify staff's recommendation.(a) Written requests for Agency determinations should be received by the last business day of the preceding month to be included on The Agency's agenda for that month. In the discretion of the executive director, the first inclusion of the request for determination on The Agency's agenda may be for the purpose of public notice; the request may then be placed on the agenda for the next succeeding Agency meeting for The Agency's consideration and decision. The executive director may waive the provisions of this subsection, and place the request for determination before The Agency for consideration on the first inclusion on the agenda.(b) If the issue upon which a request for determination is based has been addressed by The Agency in prior determinations, or if the issue is otherwise not appropriate for a request for determination, staff will notify the person making the request and the request will not be placed on The Agency's agenda.Tenn. Comp. R. & Regs. 0720-08-.03
Original rule filed August 31, 2005; effective November 14, 2005.Authority: T.C.A. §§ 4-5-202, 68-11-1605, 68-11-1606, and 68-11-1607.