§ 4-33-106 — Exempt agency actions

The following agency actions are exempt from this chapter: (1) The collection and payment of social security funds, retirement funds or employee benefit funds; (2) Participation in any federal program, if under federal law the participation would be prevented by compliance with this chapter; (3) All emergency rules, or emergency purchases, if the governor agrees that an emergency exists and that a timely economic impact statement could not be prepared, but within a reasonable period of time after the action, an appropriate economic impact statement shall be prepared; (4) All legislative actions; (5) All purchases by any state agency that have a fair market value or monetary value that is less than twenty-five thousand dollars ($25,000); (6) Ministerial action by an agency that complies with applicable statutes and rules; provided, however, this exemption does not include an agency action where the contracting of services is considered or used instead of state employees; (7) Action by a state agency that is required by law to be maintained as confidential; (8) The preparation and sale of all bonds that are processed by the state funding board; (9) Expenditures of money from trust funds that previously have been designed by the general assembly for a specific purpose; (10) The prosecution of civil, criminal or administrative actions before any court or before an administrative hearing officer; and (11) Actions involving persons in the custody of the state voluntarily or under court order.

Legislative History

Acts 1979, ch. 215, § 6; T.C.A., § 4-3306; Acts 1994, ch. 777, §§ 1, 2.