- (1) The term “Program” means all state entities, programs, boards, and commissions that are administratively attached to the division of regulatory boards.
- (2) Any person who is affected by any matter within the jurisdiction of any Program and who holds a license, certification, registration, or other like recognized designation issued, may submit a written request for an advisory opinion subject to the limitations imposed by T.C.A. § 62-76-107.
- (3) The advisory private letter rulings shall only affect the person making the inquiry and have no precedential value for any other inquiry or contested case to come before any Program, nor serve as the basis for a complaint or grievance against any other licensee, person, or entity.
- (4) Any dispute regarding an advisory private letter rulings may be resolved pursuant to the declaratory order provisions of T.C.A. § 4-5-223, within the Program’s discretion.
- (5) Any person requesting an advisory private letter rulings to a Program shall submit the request to the Program on the prescribed form designated by the Department. The form shall be completed with all necessary information.
(6) Upon receipt of the request, the Program shall adhere to the following review process:
- (a) Upon receipt, the request shall be referred to the Program’s administrative staff for research, review, and submission of a proposed recommendation to the Program for its consideration. The Program’s administrative staff may make such requests for clarification or additional information from the requester as it determines necessary to appropriately present the request to the Program;
- (b) Once the initial review of the request is completed, the request and a draft recommendation will be presented to the Program. The timing of presentation of the request is dependent upon the complexity of the request as determined by the Program’s Executive Director;
- (c) The Program shall review and discuss the request and proposed recommendation. The Program may then approve the proposed recommendation, approve the proposed recommendation with revisions, authorize the issuance of a different advisory opinion, or refer the request back to the administrative staff, executive director, or legal counsel for further research and drafting as requested by the Program. If further research is requested by the Program, the executive director shall re-present the request, and a draft recommendation as set out in subparagraph (6)(b) of this rule once such additional research has been completed; and
- (d) Upon adoption and approval by the Program, the advisory private letter rulings shall be transmitted to the requesting licensee. The ruling shall have only such effect as set forth in T.C.A. § 62-76-107(a).
Authority: T.C.A. §§ 56-1-302 and 62-76-107. Administrative History: New rule filed October 15, 2025; effective January 13, 2026.