§ 3-6-117 — Exclusive authority to issue formal advisory opinions

Tennessee § 3-6-117

• Jurisdiction: Tennessee
• Title: 3

Text

(a) The commission is the only entity authorized to issue formal advisory opinions on matters related to this chapter, § 2-10-115 , §§ 2-10-122 - 2-10-130, and title 8, chapter 50, part 5; provided, that the commission may request an opinion from the attorney general and reporter on legal issues that may be presented in a request for a formal advisory opinion. With respect to an issue addressed in a formal advisory opinion, a person who conforms that person's behavior to the requirements of the advisory opinion must not be sanctioned if it is later determined that the advisory opinion did not correctly interpret state law. A person who requests an advisory opinion may withdraw the request at any time before the opinion is issued, in which case the commission shall not issue the opinion. (b) (1) Except as provided in this subsection (b), a person performing staff duties as an employee of the commission shall not issue an advisory opinion under subsection (a), including an informal response. (2) A person performing staff duties as the executive director, assistant executive director, or as an attorney may give informal advisory opinions to a person subject to the jurisdiction of the commission in accordance with this subsection (b). The executive director shall approve all such informal opinions issued under this subsection (b). (3) An informal opinion must be based on such information, the operative provisions of the cited statute, and the legislative history and intent pertaining to the statutory provisions, as evidenced by legislative committee and floor actions, discussions, and debates. In addition, the informal opinion must indicate whether a statute or a previous opinion is clear or unclear on the issue. An informal advisory opinion may be given verbally or in writing by either regular mail or electronic mail, but a verbal advisory opinion must be verified in writing by either regular mail or electronic mail in order to receive the consideration provided in subdivision (b)(4). (4) If the person who requested the informal advisory opinion conforms the person's behavior to the requirements of the informal opinion, then the person must not be sanctioned if it is later determined that the informal opinion was not a correct response or incorrectly interpreted state law or previous commission advisory opinions on the issue. (5) The commission shall make and keep records of all written inquiries and all written informal advisory opinions given, including the name of the person or entity making the inquiry, as applicable; on behalf of whom the inquiry was made; the date of the inquiry; the person responding to the inquiry; the precise inquiry, including the facts and background information provided; the section or sections of statute involved; and the answer or response given. (6) An informal response is subject to review or modification by the commission. A person who disputes the informal advisory opinion given by a staff employee in subdivision (b)(2) may request a formal advisory opinion from the commission.

Legislative History

Amended by 2023 Tenn. Acts, ch. 37, s 4, eff. 3/14/2023. Acts 2008 , ch. 1182, § 4.