1. (1) Any affected person may petition the Department for a declaratory order as to the validity or the applicability of a statute, rule, or order within the primary jurisdiction of the Department.

2. (2) The petition seeking a declaratory order shall be filed in writing with the Department either:

   1. (a) By U.S. Mail to: Legal Division Tennessee Department of Safety 312 Rosa L. Parks Avenue, 25th Floor Nashville, TN 32743
   2. (b) Or by Electronic Mail to: Email.Safety@tn.gov, with the subject line “Petition for Declaratory Order.”

3. (3) A petition for declaratory order must contain the following:

   1. (a) A caption stating the filing is a “Petition for Declaratory Order Before the Commissioner of Safety”;
   2. (b) The name of Petitioner;
   3. (c) The postal mailing address of Petitioner or Petitioner’s attorney;
   4. (d) The email (electronic mail) address of Petitioner or Petitioner’s attorney, if the party wishes to receive documents by email (electronic mail);
   5. (e) The Department rule or order, or statutory provision, on which declaratory order is sought;
   6. (f) A statement of the facts of the controversy;
   7. (g) A description of how the rule, order, or statute affects or could affect Petitioner;
   8. (h) A description of the relief sought;
   9. (i) The signature of Petitioner; and
   10. (j) The date of petition.
4. (4) A memorandum of law setting forth the legal basis why the declaratory order should be granted shall accompany the petition. Failure to submit a memorandum in support of a petition may result in the denial of the petition.
5. (5) The Commissioner may ask for additional facts or law prior to taking an action pursuant to Rule 1340-02-07-.04(1).
6. (6) Any challenge to the applicability of a statute, rule, or order must comply with the procedural requirements set forth in these rules, and a challenge to the applicability of a statute, rule, or order will not be entertained without compliance with these requirements.
7. (7) A petition for declaratory order is viewed as primarily involving questions of law and statutory rules of interpretation. The parties should strive to limit the amount of evidence presented and to stipulate the facts to the extent possible.
8. (8) 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.

Authority: T.C.A. §§ 4-3-2009, 4-5-223, and 4-5-224. Administrative History: New rules filed February 20, 2026; effective May 21, 2026.