Administrative agencies are government bodies created by legislation to manage a specific area of public policy. They are typically what people think for the State government, and include agencies like the Secretary of State, Department of Corrections, Department of Transportation, etc. Regulations are the rules enacted by agencies to further interpret the law passed by Legislature.
Administrative agencies are government bodies created by legislation to manage a specific area of public policy. These agencies have the authority to draft, enforce, and interpret rules and regulations within their jurisdiction. They are typically comprised of appointed officials who specialize in the relevant field, and they are responsible for administering and enforcing laws and regulations related to that field.
Administrative agencies operate differently than courts. While courts are responsible for interpreting and applying the law, administrative agencies are responsible for implementing and enforcing it. Furthermore, administrative agencies are often afforded greater discretion than courts. They have the ability to enact regulations to clarify existing laws, issue orders, and make decisions that carry the force of law.
In Tennessee, their decisions are subject to review by a court, but only on limited grounds such as whether they acted outside of their jurisdiction or acted in an arbitrary or capricious manner. We have experience practicing in front of administrative agenceis, as well as appeals of agencies to the court system.
The Uniform Administrative Procedures Act (UAPA) is a model law developed to provide a standardized framework for the administrative procedures of state agencies. Tennessee has enacted its own version of the UAPA, and all State agencies are subject to the UAPA. We have extensive experience with the Tennessee UAPA, which allows us to work between different State agencies.
The UAPA establishes a set of rules and procedures for state agencies to follow when making decisions that affect the public, including rulemaking, adjudication, and licensing. The UAPA requires agencies to provide notice to the public of proposed rulemaking or adjudication, and to provide opportunities for public comment and participation in the decision-making process. The UAPA provides a standardized set of procedures for agencies to follow when making decisions, including requirements for notice and hearing, and standards for evidence and decision-making.
The UAPA also establishes a process for judicial review of agency decisions, which provides a mechanism for challenging agency actions that may be arbitrary or capricious, or not supported by the evidence.
Regulations are rules promulgated (that is, created in non-legalese) that are set in place by a State agency to guide and control the behavior of individuals, businesses, or organizations within a particular industry or sector. These regulations are designed to ensure that certain standards are met, and that individuals or organizations operate in a manner that is safe, ethical, and legal.
Regulations are enacted by State agencies to interpret laws previously enacted by the Legislature. Therefore, regulations cannot exceed the powers granted by the Legislature, but they give agencies the authority to require or prohibit certain activities to maintain a level playing field, promote fair competition, and protect the interests of consumers and the public at large. Compliance with regulations is mandatory, and failure to comply can result in penalties or legal action.
There are quite a few Tennessee Regulations. It is important to have a knowledgeable attorney to help you wade through them.
At Equitus Law, our attorneys have experience working with the Tennessee Board for Licensing Contractors, the Tennessee Public Utility Commission, the Tennessee Real Estate Commission, the Tennessee Department of Commerce and Insurance, the Tennessee Department of Revenue, and the Metro Nashville Planning Commission.