1. (1) Within sixty (60) days of receipt of the petition, the Department shall either:

   1. (a) Set the petition for a contested case hearing; or
   2. (b) Refuse to issue a declaratory order.
2. (2) If the Department has not set a petition for a declaratory order for a contested case hearing within sixty (60) days after receipt of the petition, the Department shall be deemed to have denied the petition and to have refused to issue a declaratory order.
3. (3) If the Department refuses to issue a declaratory order, the Petitioner may apply for a declaratory judgment as provided in T.C.A. § 4-5-225.

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.