Tenn. Comp. R. & Regs. 0500 — Economic and Community Development

Chapter 0500-01-01 Repealed

Tenn. Comp. R. & Regs. 0500-01-01-.01 REPEALED

History

Authority: T.C.A. §4-3-702(c).
Administrative History: Original Rule certified June 10, 1974. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-01-01-.02 REPEALED

History

Authority: T.C.A. §4-3-702(c).
Administrative History: Original Rule certified June 10, 1974. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-01-01-.03 REPEALED

History

Authority: T.C.A. §4-3-702(c).
Administrative History: Original Rule certified June 10, 1974. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-01-01-.04 REPEALED

History

Authority: T.C.A. §4-3-702(c).
Administrative History: Original Rule certified June 10, 1974. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-01-01-.05 REPEALED

History

Authority: T.C.A. §4-3-702(c).
Administrative History: Original Rule certified June 10, 1974. Repeal of rule filed February 22, 2010; effective July 29, 2010. 05001-1-.06 REPEALED Authority: T.C.A. §4-3-702(c).

Chapter 0500-02-01 Rules for Making Application to the Building Finance Committee for Certificate of Public Purpose and Necessity Under the Industrial Park Act of 1959

Tenn. Comp. R. & Regs. 0500-02-01-.01 PURPOSE

(1)By the provisions set forth in the Industrial Park Act of 1959, as amended, being Title 16, Chapter 13 of Tennessee Code Annotated, every municipality in this state which undertakes to develop an industrial park under the authority of the Industrial Park Act, TCA 13-16-201 et. seq., must apply for and receive from the Committee a Certificate of Public Purpose and Necessity.

(2)Pursuant to above and to insure reasonable industrial development under the Industrial Park Act of 1959, and to adequately protect the taxpayers of the State of Tennessee, the Committee hereby establishes the following rules for making application to and obtaining from the Committee a Certificate of Public Purpose and Necessity.

History

Authority: TCA Section §§13-16-207.
Administrative History: . Original Rule filed November 8, 1977, effective December 8, 1977.

Tenn. Comp. R. & Regs. 0500-02-01-.03 PUBLIC SALE OF BONDS

(1)Public sale of all General Obligation bonds authorized under provisions of the Industrial Park Act of 1959 must be advertised in a newspaper of general circulation published in the municipality and in THE BOND BUYER, at least fourteen (14) days prior to date of sale. In no case shall bonds be sold privately. All bonds must be sold after advertisement and at public sales held in the municipality issuing them.

(2)All General Obligation bonds issued under the provisions of the Industrial Park Act of 1959 shall be sold under the conditions stated above. Copies of the bond sale resolution, advertisements and bond prospectus shall be filed with the Building Finance Committee and the Comptroller of the Treasury not later than fifteen (15) days prior to date of sale. After bonds are sold, the municipality shall file with the Building Finance Committee a report of such sale, including information on identity of bidders, buyer or buyers, interest rates and average interest rate.

History

Authority: TCA Section §§13-16-207.
Administrative History: . Original Rule filed November 8, 1977, effective December 8, 1977.

Tenn. Comp. R. & Regs. 0500-02-01-.04 CONSTRUCTION CONTRACTS

(1)Construction contracts shall be awarded on the basis of sealed bids opened and read publicly. Bids shall be solicited by advertisement at least two (2) weeks prior to opening in a newspaper of general circulation in the area in which the construction is proposed.

(2)Contracts for construction shall be awarded in compliance with conditions stated above. Copies of the advertisement for bids, list of bidders with amount bid by each, name of concern to which contract is awarded and performance bond executed by the successful bidder shall be filed with the Building Finance Committee and the Comptroller of the Treasury.

History

Authority: TCA Section §§13-16-207.
Administrative History: . Original Rule filed November 8, 1977, effective December 8, 1977.

Tenn. Comp. R. & Regs. 0500-02-01-.05 CONTRACTS FOR SERVICES - COPY OF CONTRACT TO BE FILED

When the services of engineers, architects, attorneys, fiscal agents, etc., have been engaged by the municipality, copies of such contracts shall be filed with the Committee.

History

Authority: TCA Section §§13-16-207.
Administrative History: . Original Rule filed November 8, 1977, effective December 8, 1977.

Tenn. Comp. R. & Regs. 0500-02-01-.06 APPLICATION FOR CERTIFICATE - FORM AND CONTENT

Applications for Certificate of Public Purpose and Necessity shall be submitted in twelve (12) copies and shall contain the below described statements and information. Each copy of the application shall be bound in a separate volume with an appropriate cover and the information and/or statements contained therein shall appear in the order as described below:

(a)There shall be a letter addressed to the Building Finance Committee from the chief officer of the municipality, bearing the signature of such official and including the following: 1.a statement requesting that the Building Finance Committee issue to the municipality a Certificate, 2.a statement outlining the scope of the project for which the Certificate is sought and the reasons for its undertaking, 3.a statement as to the aggregate cost of the project, sources and amounts of funding available for implementation of the project and sources and amounts of anticipated revenues to be derived from the project, and 4.a statement as to the aggregate amount of General Obligation bonds the municipality is seeking authority to issue to finance the project.

(b)Certified copies of all necessary and required resolutions and/or ordinances enacted or passed by the governing body of the municipality empowering it to undertake the project and make application to the Committee for a Certificate.

(c)An Expenditure vs. Funding Statement, such statement to contain, on a single page where possible, an itemized statement of all project expenditures tabulated in a single column on the left hand side of such page and an itemized statement of all funding for the project tabulated in a single column on the right hand side of such page. Each such column shall be totaled and the total amounts of each column shall equal one another. 1.Cost shall include all expenses to be incurred in undertaking the project including, but not limited to, land cost, construction cost, cost of the services of architects and engineers, legal and fiscal expenses and shall include interest accruing during the construction period and for six (6) months thereafter on money borrowed in conjunction with the project for which the petition is filed. 2.Funds shall include all grants and/or loans from governmental agencies as well as monies to be derived from the sale of bonds, or to be borrowed from commercial institutions, or to be contributed from the general fund or any special fund of such municipality. 3.There shall be included in the appendix to the application with reference to cost, the following:

(i)where fees or costs have been established by option, actual payment, invoice or contract, a copy of the document establishing the basis for the cost or fee, (ii)where fees or costs have been established by estimate, the source of the estimate and sufficient additional information concerning the estimate to establish that the party making the estimate is well qualified and has sufficient experience and knowledge with respect to the subject of the estimate as to make the estimate reliable, and (iii) in the case of land cost, there shall be provided, in addition to any option or contract establishing the purchase price, an independent appraisal of the property by a qualified real property appraiser. 4.There shall be included in the appendix to the application, with reference to sources of funding the following:

(i)where the source of funding is to be provided by a governmental agency either by loan or grant, a copy of the application for such funding, copies of all necessary approvals required in obtaining such funds, including approvals by the development districts, state clearinghouse for Federal funding, etc., and a copy of or a letter from the Federal or State agency from which funds are elicited, indicating the status of the request and the probability of funding.

(ii)where the source of funds is to be a loan from a commercial lending institution, a copy of the loan agreement including a copy of any mortgages or security agreements to be effected by and between the municipality and the lending institution, in consideration for loan, and (iii)where the source of funds is to be by the issuance of bonds, General Obligation and otherwise, a copy of all proposed recitals to become a part of the bonds, including bondholders remedies, lien rights, prepayment rights, penalties for delayed payments, and the estimated interest rates, and/or amortization schedule for the bonds.

(d)A Payment vs. Revenue Statement, such statement to contain a tabulation of the estimated annual payments which will be required to meet any indebtedness incurred by the municipality in undertaking the project as well as a summary of anticipated revenues from the project including estimated amounts and dates of receipt of such revenues. There shall be included in the appendix to the application, with reference to Revenues, the following: 1.where anticipated revenues are based on the sale of land, a detailed and thorough discussion of the projected sale price of the land used in establishing projected revenues and a discussion of the feasibility of the projected dates used in establishing the time at which such revenues shall become available, and 2.there shall be included in the appendix to the application, with reference to payments, a complete amortization schedule for retiring the indebtedness incurred as a result of the project.

(e)An Emergency Financing Statement, such statement to contain a thoroughly discussed plan showing where the municipality shall obtain any emergency funding needed to meet expenses in the event project revenues do not materialize on schedule.

(f)Sworn Statements from the appropriate official to the municipality, such statements to contain: 1.the total assessed value of property within the municipality by assessor of property (assessed value is the value of all property within the municipality to which the tax rate is applied), 2.a general tabulation of all outstanding General Obligation bonds issued, by the chief fiscal officer of municipality, and 3.a specific tabulation of all outstanding bonds issued under the authority of TCA 7-55-101 et. seq., and/ or TCA 13-16-201 et. seq., by the chief fiscal officer of municipality.

(g)An Engineering Report, the engineering report shall contain the following information and/or address itself to the following items with respect to the site: 1.topographic and/or terrain conditions at the site, 2.location of the site with respect to access to highways, rail and/or water transportation facilities, including a discussion of any problems or inherent drawbacks to the use of the site occasioned by the location of the site, with respect to these various modes of transportation., 3.soil conditions at the site, including estimated quality of the soil with respect to industrial usage of the site, estimated depth to rock., probability of ground water and/or internal drainage problems with respect to site soil and any corrective measures to be taken with respect to site soil conditions., 4.site configuration and any problems associated with the configuration of the site, including the probability of wasted property, 5.site drainage, including a discussion of the nature of site drainage, provisions to handle site drainage and any problems associated with site drainage. A discussion of flood conditions relative to the site shall be included in this section of the report, 6. provisions for serving the site with water, gas, electricity, and sewage collection:

(i) with respect to water, the report shall include sufficient information to establish that proposed water service to the site shall be adequate, including water for fire protection. The discussion shall include an analysis of water pressures and quantities, the basis for establishing storage capacities, basis for establishing consumptive demands as well as the basis for establishing fire demands, (ii)with respect to sources of energy or power, a discussion of the manner and method of supplying needed energy or power to the park, including the type of energy sources available and to be supplied, (iii)with respect to sewage collection, a discussion of the manner and method of collecting park waste and disposing of it. A discussion of estimated park waste and the basis for such estimate, a discussion of sewer hydraulics and a discussion of the capacity at the local treatment facility to handle the anticipated park waste, (iv) in the event that any of the above services are not to be provided, the report should discuss in detail the impact on the park or site of not providing this service. 7.The engineering report shall contain sufficient maps to:

(i)delineate the location of the site., with respect to local modes of transportation, with respect to the municipality's business district and with respect to sources of labor, (ii)to show all improvements proposed on the property, (iii)to indicate anticipated subdivision of the property, (iv)to show the present terrain features and topographic relief of the site (suggest a minimum 10’ contour interval), and (v)to show the nature and extent of any proposed alternations to the site topography.

(h)A Statement by an Attorney of Law, to the effect that there are or are no problems associated with implementation of the project. In the event that legal complications do exist, the statement shall discuss such problems and their probable impact upon the project.

(i)A Statement as to Available Sources of Labor within a twenty-five (25) mile radius of the site including a discussion of the basis of establishing available labor supplies.

(j)A Discussion of any Environmental Problems anticipated and their effect upon the project.

(k)A Plat and Legal Description of the Property.

(1)An Appendix to the Application containing that information as requested by Section 0500-2- 1-.06 (c); (d) and any other information with regard to the feasibility of the project that the municipality feels should be included or desires to place in the application.

History

Authority: TCA Section §§13-16-207.
Administrative History: . Original Rule filed November 8, 1977, effective December 8, 1977.

Tenn. Comp. R. & Regs. 0500-02-01-.08 AUDIT

After completion of project for which bonds are issued, municipality must file with the Building Finance Committee and the Comptroller of the Treasury a certified audit of all disbursements of the bond proceeds, or the Comptroller of the Treasury may conduct his own audit of the disbursements.

History

Authority: TCA Section §§13-1307.

Tenn. Comp. R. & Regs. 0500-02-01-.09 SALE OR LEASE OF PARK PROPERTY

Payments by purchasers or by lessees of the property within the park shall be made directly to the proper official of the municipality, who is responsible for the municipality's funds. Such funds shall be kept separately, as required by Section 13-16-207. Tennessee Code Annotated. (See TCA 7-55-112).

History

Authority: TCA Section §§13-16-207.

Tenn. Comp. R. & Regs. 0500-02-01-.10 CERTIFICATE TO CONTAIN CONDITIONS FOR ISSUANCE

Each Certificate issued by the Building Finance Committee shall contain the conditions upon which it is issued.

History

Authority: TCA Section §§13-16-207.

Tenn. Comp. R. & Regs. 0500-02-01-.11 SWORN STATEMENT

Upon completion of the project, the municipality shall file with the Building Finance Committee a sworn statement showing compliance with the conditions set forth in the Certificate.

History

Authority: TCA Section §§16-207.

Tenn. Comp. R. & Regs. 0500-02-01-.12 PROCEDURE OF COMMITTEE IN REVIEWING APPLICATION AND ISSUING

CERTIFICATE.

(1)Applications for Certificate of Public Purpose and Necessity (12 copies) must be received by the Building Finance Committee at least fifteen (15) days prior to the date on which the application is to be considered.

(2)A copy of the application for Certificate of Public Purpose and Necessity will be submitted to the Attorney General and the Comptroller of the Treasury for analysis prior to the Committee meeting.

The Industrial Site Engineer in the Department of Economic and Community Development shall review the project application and shall visit and inspect the proposed site prior to the Committee meeting wherein the application shall be heard and shall report his findings with respect to said project to the Committee prior to or at said meeting in writing or in person.

(4)At each hearing the Chairman of the Committee shall read or explain Section 13-16-207 of the Industrial Park Act of l959, and the Rules and Regulations which the Committee has adopted, to representatives of the municipality.

(5)The Comptroller of the Treasury or a member of his staff selected by him will be invited to attend each meeting as an advisor to the Committee.

(6)The Committee will review all evidence and documents presented and on the basis of these facts, and before a Certificate is issued, must favorably find that the industrial park or site project:

(a)is well conceived and has a reasonable prospect of success, (b)that there is good probability that the project will be self-sustaining from the sale and lease of land and fees and charges for services, (c)will provide proper economic development of the municipality and will encourage industry to locate there., (d)will not likely become a burden upon the taxpayers, and (e)that there are adequate property values and suitable financial conditions, so that the total bond indebtedness of the municipality, solely for the purpose authorized by this

Chapter and by Sections 7-55-101 through 7-55-116, shall not exceed ten percent (10%) of the total assessed valuation of all property in the municipality ascertained by the last completed assessment at the time of the issuance of such bonds.

(7)Before a Certificate is issued, the Committee must fix and determine:

(a)the extent and amount to which a municipality may issue bonds or make expenditures for such industrial park, (b) what property may be acquired therefore, (c)terms upon which such acquisition may be had, (d)what expenditures may be made and for what purposes, and (e)method of sale or lease of the property by said municipality.

(8)The Committee may reject any application completely or may return same to the municipality with suggestions as to the changes required.

(9)Copies of minutes of each meeting and each Certificate issued shall be mailed to all members of the Committee, whether present or not, as soon as possible after each meeting.

History

Authority: TCA Section §§13-16-207.
Administrative History: . Original Rule filed November 8, 1977, effective December 8, 1977.

Tenn. Comp. R. & Regs. 0500-02-01-.02 LIMITATIONS

(1)The Committee will not approve applications for Certificates of Public Purpose and Necessity on any projects for which issues of both Revenue and General Obligation bonds are proposed.

(2)Applications for Certificates will be refused on proposed projects for which (site) contractors and/or securities dealers have been granted commitments in advance by the municipality. The municipality, as the agency authorized to issue bonds and as owner of the property, shall have exclusive control of the project, subject to these rules.

(3)A Certificate will not be granted authorizing a municipality to issue bonds for the purchase of industrial parks or sites, the improvements to which are to be constructed by a private or semi-private industrial group. After the facility is completed, however, a Certificate may be granted authorizing issuance of bonds for its purchase at a price based on appraisals by three (3) competent independent realty appraisers.

History

Authority: TCA Section §§13-16-207.
Administrative History: . Original Rule filed November 8, 1977, effective December 8, 1977.

Tenn. Comp. R. & Regs. 0500-02-01-.07 BONDS - PROCEEDS OF SALE

Proceeds from sale of bonds shall be paid to the proper official of the municipality and shall be disbursed and accounted for by such official (with respect to a county: county trustee, with respect to an incorporated city or town: its chief financial officer).

History

Authority: TCA Section §§13-16-207.

Chapter 0500-02-02 Rules for Making Application to the Building Finance Committee for Certificate of Public Purpose and Necessity Under the Industrial Building Bond Act of 1955

Tenn. Comp. R. & Regs. 0500-02-02-.01 PURPOSE

In order to comply with the statutes of the State of Tennessee (Section 6-2813 and 6-2906, Tennessee Code Annotated), to insure reasonable industrial development under the Industrial Building Bond Act of 19SS, and to adequately protect the taxpayers of the State of Tennessee, the following Regulations and Rules of Procedure are hereby promulgated by the Building Finance Committee of the Tennessee Industrial and Agriculture Development Commission.

History

Authority: TCA §§ 6-2906; TCA 6-2813.
Administrative History: . Original Rule filed November 8, 1977, effective December 8, 1977.

Tenn. Comp. R. & Regs. 0500-02-02-.02 LIMITATIONS

(1)Net worth of the prospective industrial lessee, as demonstrated by the most recent certified audit, must be at least 1 1/2 times the amount of the proposed bond issue, or in lieu thereof adequate additional security may be accepted, subject to approval of the municipality or county and the Building Finance Committee.

(2)The Committee will not approve applications for Certificates of Public Purpose and Necessity on any projects for which issues of both Revenue and General Obligation bonds are proposed.

(3)Applications for Certificates will be refused on proposed projects for which building contractor and/or securities dealers have been granted commitments in advance by either the municipality or industry involved. The municipality or county, as the agency authorized to issue bonds and as owner of the proposed building, shall have exclusive control of the project, subject to these rules and regulations.

(4)A Certificate will not be granted authorizing a municipality or county to issue bonds for the purchase of an industrial facility to be constructed by a private or semiprivate industrial group. After the facility is completed, however, a Certificate may be granted authorizing issuance of bonds for its purchase at a price based on appraisals by three (3) competent independent realty appraisers.

History

Authority: TCA §§ 6-2906; TCA 6-2813.
Administrative History: . Original Rule filed November 8, 1977, effective December 8, 1977.

Tenn. Comp. R. & Regs. 0500-02-02-.03 PUBLIC SALE OF BONDS

(1)Public sales of all General Obligation bonds authorized under provisions of the Industrial Building Bond Act of 1955 must be advertised in a newspaper of general circulation published in the municipality and THE BOND BUYER, at least fourteen (14) days prior to date of sale. In no case shall bonds be sold privately. All bonds must be sold after advertisement and at public sales held in the municipality issuing them.

(2)All General Obligation bonds issued under the provisions of the Industrial Building Bond Act of 1955 shall be sold under the conditions stated above. Copies of the bond sale resolution, advertisements and bond prospectus shall be filed with the Building Finance Committee and the Comptroller of the Treasury not later than fifteen (15) days prior to date of sale. After bonds are sold, the municipality shall file with the Building Finance Committee a report of such sale, including information on identity of bidders, buyer or buyers, interest rates and average interest rate.

History

Authority: TCA §§ 6-2906; TCA 6-2813.
Administrative History: . Original Rule filed November 8, 1977, effective December 8, 1977.

Tenn. Comp. R. & Regs. 0500-02-02-.04 CONSTRUCTION CONTRACTS

(1)Construction contracts shall be awarded on the basis of sealed bids opened and read publicly. Bids shall be solicited by advertisement at least two (2) weeks prior to opening, in a newspaper of general circulation in the area in which the construction is proposed.

(2)Contracts for construction shall be awarded in compliance with conditions stated above. Copies of the advertisement for bids, list of bidders with amount bid by each, name of concern to which contract is awarded, and performance bond executed by the successful bidder shall be filed with the Building Finance Committee and the Comptroller of the Treasury.

History

Authority: TCA Section 7-55-106; TCA Section 7-53-307.

Tenn. Comp. R. & Regs. 0500-02-02-.05 CONTRACTS FOR SERVICES

(1)When the services of engineers, architects, attorneys, fiscal agents, etc., have been engaged by the municipality, copies of such contracts shall be filed with the Committee as a part of the application.

(2)Contracts for services of independent architects, engineers, attorneys and fiscal agents. Affiliation of any person or persons so engaged with bond underwriters or construction firms may disqualify such firms from bidding on bonds or construction contracts.

History

Authority: TCA §§ 6-2906; TCA 6-2813.
Administrative History: . Original Rule filed November 8, 1977, effective December 8, 1977.

Tenn. Comp. R. & Regs. 0500-02-02-.07 APPLICATION FOR CERTIFICATE - FORM AND CONTENT

Applications for Certificates of Public Purpose and Necessity shall be signed and sworn to by the chief officer of the county or municipality and shall include twelve (12) copies of each of the following in the body of the application or as exhibits thereto:

(1)The purpose for which the Certificate of Public Purpose and Necessity is sought.

(2)The identity of the lessee and any guarantors of the lease.

(3)The term of the lease (years).

(4)A general description of the proposed operations by the lessee, (5)A plat and legal description of the property to be acquired, and the appraised value thereof as determined by competent and independent real estate appraisers.

(6)Itemized estimates of expenditures required for:

(a)Purchase of land, (b)Purchase of existing building, (c)Improvements to existing building, (d)Construction of industrial building including site improvement, landscaping, etc., (e)Architectural and engineering costs, (f)Fiscal and legal expenses, (g)Interest accruing during the construction period and for six (6) months thereafter on money to be borrowed in connection with the project for which the petition is filed, and (h)Holding referendum.

(7)A statement that sealed bids will be invited for all construction work on the proposed project not performed by regular employees of the municipality or county, and that all bids may be rejected or the contract awarded to the lowest and best bidder.

(8)A statement that all bonds issued for the proposed project under the provisions of Section 7-53-306 or

Section 7-55-101 et. seq., Tennessee Code Annotated,, will be advertised in THE BOND BUYER and in local newspapers, and sold publicly to the highest and best bidder.

(9)A statement that no other bonds or obligations of any kind, constituting an encumbrance against the proposed industrial facilities or a lien on the revenues therefrom, will be issued or authorized by the municipality or county without the approval of the Building Finance Committee.

(10)Resolution by governing body authorizing municipality or county to execute lease agreement with industrial lessee and to apply to Building Finance Committee for Certificate of Public Purpose and Necessity.

(11)Executed lease agreement by municipality or county and industrial lessee. No real estate firm, factory locating service, consulting engineering concern, private industrial development corporation, or other advisory or professional individual or group will be recognized as parties to this agreement.

Any contract for services of such organization must be separate, and copies furnished to the Committee as a part of the application. The lease agreement shall set out the following:

(a)That rental payments are sufficient to pay said bonds and interest thereon as they become due, and to create and maintain such reserves therefore, as may be deemed necessary by the Building Finance Committee, (b)The term (not to exceed forty (40) years) of the lease contract.

(c)That on or before delivery date of bonds a firm lease contract, including monthly rentals, maturity schedule and options for renewal, if any, will be executed by municipality or county and industrial lessee, (d)Adequate insurance coverage to be provided by lessee, (e)Adequate provisions for maintenance of the property by the lessee, and (f)That the lessee will furnish to the Building Finance Committee the financial statements described in Regulation 0500-2-2-.07.

(12)Comparative balance sheets and operating statements of leasing company for past five (5) years certified by CPA (including parent or subsidiary companies). Interim statements within six (6) months of filing must be furnished when necessary.

(13)History and background of proposed lessee, including brief biographies of key officials, signed by top company officials.

(14)Statement giving unquestionable evidence of sufficient natural resources readily available for the use and operation of the proposed enterprise for at least ten (10) years or the period of time for which any bonds are issued for acquiring or constructing said industrial building. If no local natural resources are required, that fact shall be stated.

(15)Statements giving unquestionable evidence of the availability of 1 1/2 workers for each operative job in the proposed enterprise in a twenty-five (25) mile radius of the proposed location.

(16)Certified statement of latest assessed valuation of municipality or county - usually obtainable from County Trustee or City Recorder (total bonded indebtedness solely for purposes of these Acts cannot exceed 10% of total assessed value of all property in municipality or county).

(17)Proposed schedule of bond maturity dates.

(18)Tentative (or final) plans and specifications for construction of proposed industrial building.

History

Authority: TCA Section 7-35-106; TCA Section 7-53-307.

Tenn. Comp. R. & Regs. 0500-02-02-.08 PROCEEDS FROM SALE OF BONDS

Proceeds from sale of bonds shall be paid to the Fiscal Officer of the municipality or county and shall be disbursed and accounted for by such officer.

History

Authority: TCA §§ 6-2906; TCA 6-2813.
Administrative History: . Original Rule filed November 8, 1977, effective December 8, 1977.

Tenn. Comp. R. & Regs. 0500-02-02-.09 AUDIT

After completion of project for which bonds are issued, municipality or county must file with the Building Finance Committee and the Comptroller of the Treasury a certified audit of all disbursements of the bond proceeds, or the Comptroller of the Treasury may conduct his own audit of the disbursements.

History

Authority: TCA §§ 6-2906; TCA 6-2813.
Administrative History: . Original Rule filed November 8, 1977, effective December 8, 1977.

Tenn. Comp. R. & Regs. 0500-02-02-.10 PROCEEDS FROM LEASE OF BUILDING

Rental payments by lessee shall be made directly to County Trustee, City Treasurer or other municipality or county official responsible for city's or county's funds. Such rental funds shall be kept separately as required by Section 7- 55-112, Tennessee Code Annotated.

History

Authority: TCA Section 7-55-106; TCA Section 7-53-307.

Tenn. Comp. R. & Regs. 0500-02-02-.11 CERTIFICATE TO CONTAIN CONDITIONS

Each Certificate issued by the Building Finance Committee shall contain the conditions upon which it is issued.

History

Authority: TCA §§ 6-2906; TCA 6-2813.
Administrative History: . Original Rule filed November 8, 1977, effective December 8, 1977.

Tenn. Comp. R. & Regs. 0500-02-02-.12 SWORN STATEMENT

Upon completion of the building project the municipality or county shall file with the Building Finance Committee a sworn statement showing compliance with the conditions set forth in the Certificate.

History

Authority: TCA §§ 6-2906; TCA 6-2813.
Administrative History: . Original Rule filed November 8, 1977, effective December 8, 1977.

Tenn. Comp. R. & Regs. 0500-02-02-.13 PROCEDURE OF COMMITTEE IN REVIEWING CERTIFICATE

(1)Application for Certificates of Public Purpose and Necessity (12 copies) must be received by the Building Finance Committee at least fifteen (15) days prior to the date on which the application is to be considered.

(2)Each application for a. Certificate of Public Purpose and Necessity will be submitted to the Attorney General and the Comptroller of the Treasury for analysis prior to the Committee meeting.

(3)At each hearing the Chairman of the Committee shall read or explain Section 7-53-307 or Section 7- 55-106 of the Industrial Building Bond Act of 1955, and the Rules and Regulations which the Committee has adopted, to representatives of the municipality or county and the industry involved.

(4)The Comptroller of the Treasury or a member of his staff selected by him will be invited to attend each meeting as an advisor to the Committee.

(5)The Committee will review all evidence and documents presented and on the basis of these facts and, before a Certificate is issued, must favorably find that the industrial building and enterprise:

(a)Are well conceived, (b)Have a reasonable prospect of success, (c)Will provide proper economic development and employment, and (d)Will not become a burden upon the taxpayers.

(6)Before a Certificate is issued the Committee must fix and determine:

(a)The extent and amount to which a municipality or county may issue bonds or make expenditures for such industrial building, (b)What property may be acquired therefore, (c)Terms upon which such acquisition may be had, (d)What expenditures may be made and for what purposes, and (e)Method of lease, rental and operation of said building by said municipality or county.

(7)The Committee may reject any application completely or may return same to the municipality or county with suggestions as to the changes required.

(8)Copies of minutes of each meeting and each Certificate shall be mailed to all members of the Committee, whether present or not, as soon as possible after each meeting.

History

Authority: TCA §§ 6-2906; TCA 6-2813.
Administrative History: . Original Rule filed November 8, 1977, effective December 8, 1977.

Tenn. Comp. R. & Regs. 0500-02-02-.14 PROCEDURE OF MUNICIPALITY RECEIVING CERTIFICATE - REFERENDUM

After receiving the Certificate, the governing body of the municipality or county by resolution - voted on by members then in office - declares its intention of entering into such plans and calls for an election on the maximum amounts of bonds to be issued and the purpose therefore, (1)Notice of election must be published not less than two (2) times in a newspaper of general circulation in the municipality or county, the first of such publications being not less than twenty (20) days prior to the date of the election.

(2)Copies of the election resolution, election advertisements and certified reports of election results shall be filed with the Building Finance Committee.

History

Authority: TCA §§ 6-2906; TCA 6-2813.
Administrative History: . Original Rule filed November 8, 1977, effective December 8, 1977.

Tenn. Comp. R. & Regs. 0500-02-02-.06 LESSOR TO FURNISH FINANCIAL STATEMENT

The company leasing the industrial building authorized by grant of a Certificate of Public Purpose and Necessity, and any guarantors of said lease, shall furnish to the Building Finance Committee a certified audit of each annual financial statement (Balance Sheet and Operating Statement) during the period in which any of the bonds authorized by the Certificate are outstanding. These statements shall be furnished within one hundred eighty (180) days after the end of the company's and/or guarantor's fiscal year.

History

Authority: TCA §§ 6-2906; TCA 6-2813.
Administrative History: . Original Rule filed November 8, 1977, effective December 8, 1977.

Chapter 0500-02-03 Rules for the Tennessee Allocation Plan for Private Activity Bonds

Tenn. Comp. R. & Regs. 0500-02-03-.01 AUTHORITY

Pursuant to the provisions of T.C.A. §4—3—702(c), the Commissioner of the Department of Economic and Community Development may promulgate rules and regulations necessary for the operation of the department or to effectuate any of the programs or responsibilities of any of the divisions of the department. The provisions of the Tennessee Allocation Plan for Private Activity Bonds (T.C.A. §9—20—101 et. seq.), authorize the Commissioner to allocate the State’s private activity bond authority among governmental units in the state having the authority to issue bonds under the federal internal revenue code.

History

Authority: T.C.A §§4—3—702(c), 9—20—106.
Administrative History: Original rule filed October 28, 1988; effective January 29, 1989.

Tenn. Comp. R. & Regs. 0500-02-03-.02 PURPOSE AND SCOPE

Under the provision of the Federal Tax Reform Act of 1986, each state is provided a unified volume limitation or cap covering certain tax-exempt bonds, known as private activity bonds. In order to fairly allocate this limited source of authority to fund certain governmental activities on a maximum utilization, the Commissioner will prepare a yearly allocation plan which meets the following goals:

(1) Provides equal access to the state bond authority for large cities, small towns and rural areas; and (2) Provides the most benefit to the state from the bond authority available to it.

History

Authority: T.C.A. §§9—20—102, 9—20—103, 9—20—104.
Administrative History: Original rule filed October 28, 1988; effective January 29, 1989.

Tenn. Comp. R. & Regs. 0500-02-03-.03 ALLOCATION PLAN

(1) The Commissioner shall, prior to January 1 of each year, announce the system by which allocations are to be made during the ensuing calendar year. This system shall give effect to the following objectives:

(a) Consider the economic needs of the State including job creation, potential increase in the local and state tax revenue, and the availability of affordable and safe housing for citizens in the state;

(b) Provide a mechanism for evaluating requests for debt authority in order to ensure fairness of access to all areas of the state as well as maximizing the economic benefit; and -- 1 of 2 -- (c) Provide for reporting of use of bond authority and a schedule for recapture and reallocation of unused bond authority for purposes of carry forward elections by entities having authority to make such elections.

(2) The allocation system shall provide for distribution of authority to issue tax exempt bonds, subject to recapture and reallocation as provided above.

History

Authority: T.C.A. §9—20—104.
Administrative History: Original rule filed October 28, 1988; effective January 29, 1989. Amendment filed August 30, 1996; effective December 27, 1996. -- 2 of 2 --

Chapter 0500-03-01 Repealed (Transferred to 0400-60-01)

Tenn. Comp. R. & Regs. 0500-03-01-.01 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-711, 4-5-201 et seq., 11-1-101, 58-2-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed December 12, 1983; effective January 11, 1984. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-01.

Tenn. Comp. R. & Regs. 0500-03-01-.13 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-711, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed December 12, 1983; effective January 11, 1984. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-01.

Tenn. Comp. R. & Regs. 0500-03-01-.02 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-711, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed December 12, 1983; effective January 11, 1984. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-01. 0500-03-01.03 REPEALED. Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-711, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.

Tenn. Comp. R. & Regs. 0500-03-01-.04 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-711, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed December 12, 1983; effective January 11, 1984. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-01.

Tenn. Comp. R. & Regs. 0500-03-01-.05 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-711, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed December 12, 1983; effective January 11, 1984. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-01.

Tenn. Comp. R. & Regs. 0500-03-01-.06 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-711, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed December 12, 1983; effective January 11, 1984. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-01.

Tenn. Comp. R. & Regs. 0500-03-01-.07 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-711, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed December 12, 1983; effective January 11, 1984. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-01.

Tenn. Comp. R. & Regs. 0500-03-01-.08 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-711, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed December 12, 1983; effective January 11, 1984. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-01.

Tenn. Comp. R. & Regs. 0500-03-01-.09 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-711, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed December 12, 1983; effective January 11, 1984. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-01.

Tenn. Comp. R. & Regs. 0500-03-01-.10 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-711, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed December 12, 1983; effective January 11, 1984. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-01.

Tenn. Comp. R. & Regs. 0500-03-01-.11 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-711, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed December 12, 1983; effective January 11, 1984. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-01.

Tenn. Comp. R. & Regs. 0500-03-01-.12 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-711, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed December 12, 1983; effective January 11, 1984. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-01.

Chapter 0500-03-02 Repealed (Transferred to 0400-60-02)

Tenn. Comp. R. & Regs. 0500-03-02-.01 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-712 (b), 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed July 26, 1984; effective October 14, 1984. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-02.

Tenn. Comp. R. & Regs. 0500-03-02-.05 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed July 26, 1984; effective October 14, 1984. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-02.

Tenn. Comp. R. & Regs. 0500-03-02-.02 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-712 (b), 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed July 26, 1984; effective October 14, 1984. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-02.

Tenn. Comp. R. & Regs. 0500-03-02-.03 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-712 (b), 4-5-201 et seq., 10-7-301 (e), 11- 1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed July 26, 1984; effective October 14, 1984. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-02.

Tenn. Comp. R. & Regs. 0500-03-02-.04 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-712 (b), 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed July 26, 1984; effective October 14, 1984. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-02.

Chapter 0500-03-03 Repealed

Tenn. Comp. R. & Regs. 0500-03-03-.01 REPEALED

History

Authority: T.C.A. §§4-3-708(4) and 4-3-702(c).
Administrative History: Original rule filed October 31, 1979; effective December 15, 1979. Transferred from the Tennessee Energy Authority on July 1, 1983. Amendment filed December 10, 1985; effective March 17, 1986. Repeal filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-03-03-.02 REPEALED

History

Authority: T. C.A. §§4-3-708(4) and 4-3-702(c).
Administrative History: Original rule filed October 31, 1979; effective December 15, 1979. Transferred from the Tennessee Energy Authority on July 1, 1983. Amendment filed December 10, 1985; effective March 17, 1986. Repeal filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-03-03-.03 REPEALED

History

Authority: T.C.A. §§4-3-708(4) and 4-3-702(c).
Administrative History: Original rule filed October 31, 1979; effective December 15, 1979. Transferred from the Tennessee Energy Authority on July 1, 1983. Amendment filed December 10, 1985; effective March 17, 1986. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-03-03-.04 REPEALED

History

Authority: T.C.A. §§4-3- 708 (4) and 4-3- 702 (c).
Administrative History: Original rule filed October 31, 1979; effective December 15, 1979. Amendment filed April 30, 1982; effective July 29, 1982. Amendment filed May 27, 1983; effective August 15, 1983. Transferred from the Tennessee Energy Authority on July 1, 1983. Amendment filed December 10, 1985; effective March 17, 1986. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-03-03-.05 REPEALED

History

Authority: T. C.A. §§4-3-708 (4) and 4-3- 702 (c).
Administrative History: Original rule filed October 31, 1979; effective December 15, 1979. Amendment filed April 30, 1982; effective July 29, 1982. Transferred from the Tennessee Energy Authority on July 1, 1983. Amendment filed December 10, 1985; effective March 17, 1986. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-03-03-.06 REPEALED

History

Authority: T.C.A. §§4-3-708 (4) and 4-3-702 (c).
Administrative History: Original rule filed October 31, 1979, effective December 15, 1979. Transferred from the Tennessee Energy Authority on July 1, 1983. Amendment filed December 10, 1985; effective March 17, 1986. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-03-03-.07 REPEALED

History

Authority: T.C.A. §§4-3-708 (4) and 4-3-702 (c).
Administrative History: Original rule filed October 31, 1979; effective December 15, 1949. Transferred from the Tennessee Energy Authority on July 1, 1983. Amendment filed December 10, 1985; effective March 17, 1986. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-03-03-.08 REPEALED

History

Authority: T.C.A. §§4-3-708 (4) and 4-3-702 (c).
Administrative History: Original rule filed October 31, 1979, effective December 15, 1979. Transferred from the Tennessee Energy Authority on July 1, 1983. Amendment filed December 10, 1985; effective March 17, 1986. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-03-03-.09 REPEALED

History

Authority: T.C.A. §§4-3-708 (4) and4-3-702 (c).
Administrative History: Original rule filed October3l, 1979; effective December 15, 1979. Repeal and new rule filed April 30, 1982; effective July 29, 1982. Transferred from the Tennessee Energy Authority on July 1, 1983. Amendment filed December 10, 1985; effective March 17, 1986. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Chapter 0500-03-04 Repealed (Transferred to 0400-60-04)

Tenn. Comp. R. & Regs. 0500-03-04-.01 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed June 19, 1987; effective September 28, 1987. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-04.

Tenn. Comp. R. & Regs. 0500-03-04-.14 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed June 19, 1987; effective September 28, 1987. Repeal filed September 30, 2005; effective January 27, 2006. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-04.

Tenn. Comp. R. & Regs. 0500-03-04-.02 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (1) and (8), 4-5-201 et seq., 11-1- 101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed June 19, 1987; effective September 28, 1987. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-04.

Tenn. Comp. R. & Regs. 0500-03-04-.03 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (1) and (8), 4-5-201 et seq., 11-1- 101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed June 19, 1987; effective September 28, 1987. Amendment filed November 27, 1991; effective February 26, 1992. Amendments filed May 17, 2006; effective September 28, 2006. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-04.

Tenn. Comp. R. & Regs. 0500-03-04-.04 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (1) and (8), 4-5-201 et seq., 4-5-202, 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed June 19, 1987; effective September 28, 1987. Repeal and new rule filed September 30, 2005; effective January 27, 2006. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-04.

Tenn. Comp. R. & Regs. 0500-03-04-.05 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (1) and (8), 4-5-201 et seq., 11-1- 101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed June 19, 1987; effective September 28, 1987. Repeal and new rule filed May 17, 2006; effective September 28, 2006. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60- 04.

Tenn. Comp. R. & Regs. 0500-03-04-.06 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (1) and (8), 4-5-201 et seq., 11-1- 101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed REPEALED June 19, 1987; effective September 28, 1987. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-04.

Tenn. Comp. R. & Regs. 0500-03-04-.07 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-700 (c), 4-3-702 (c), 4-3-708 (2), 4-3-709 (2), and 4- 3-710 (1) and (8), 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order.
Administrative History: Original rule filed June 19, 1987; effective September 28, 1987. Amendment filed November 27, 1991; effective February 26, 1992. Amendments filed September 30, 2005; effective January 27, 2006. Amendment filed May 17, 2006; effective September 28, 2006. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-04.

Tenn. Comp. R. & Regs. 0500-03-04-.08 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (1) and (8), 4-5-201 et seq., 11-1- 101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed June 19, 1987; effective September 28, 1987. Amendment filed November 27, 1991; effective February 26, 1992. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-04.

Tenn. Comp. R. & Regs. 0500-03-04-.09 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (1) and (8), 4-5-201 et seq., 11-1- 101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed June 19, 1987; effective September 28, 1987. Repeal and new rule filed May 17, 2006; effective September 28, 2006. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60- 04.

Tenn. Comp. R. & Regs. 0500-03-04-.10 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (1) and (8), 4-5-201 et seq., 11-1- 101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed June 19, 1987; effective September 28, 1987. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-04.

Tenn. Comp. R. & Regs. 0500-03-04-.11 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (1) and (8), 4-5-201 et seq., 11-1- 101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed June 19, 1987; effective September 28, 1987. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-04.

Tenn. Comp. R. & Regs. 0500-03-04-.12 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (1) and (8), 4-5-201 et seq., 11-1- 101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed June 19, 1987; effective September 28, 1987. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-04.

Tenn. Comp. R. & Regs. 0500-03-04-.13 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (1) and (8), 4-3-712 (b), 4-5-201 et seq., 10-7-504 (a)(8), and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed June 19, 1987; effective September 28, 1987. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-04.

Chapter 0500-03-05 Repealed (Transferred to 0400-60-05)

Tenn. Comp. R. & Regs. 0500-03-05-.01 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed February 5, 1991; effective May 29, 1991. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400- 60-05.

Tenn. Comp. R. & Regs. 0500-03-05-.15 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (l), 4-3-710 (8), 4-5-201 et seq., 11-1- 101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed February 5, 1991; effective May 29, 1991. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-05.

Tenn. Comp. R. & Regs. 0500-03-05-.02 REPEALED

Authority; T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (l), 4-3-710 (8), 4-5-201 et seq., 11-1- 101, and Governor Haslam’s Executive Order Number 25. Administrative History: Original rule filed February 5, 1991; effective May 29, 1991. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-05.

Tenn. Comp. R. & Regs. 0500-03-05-.03 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (l), 4-3-710 (8), 4-5-201 et seq., 11-1- 101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed February 5, 1991; effective May 29, 1991. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-05.

Tenn. Comp. R. & Regs. 0500-03-05-.04 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (l), 4-3-710 (8), 4-5-201 et seq., 11-1- 101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed February 5, 1991, effective May 29, 1991. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-05.

Tenn. Comp. R. & Regs. 0500-03-05-.05 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (l), 4-3-710 (8), 4-5-201 et seq., 11-1- 101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed February 5, 1991; effective May 29, 1991. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-05.

Tenn. Comp. R. & Regs. 0500-03-05-.06 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (l), 4-3-710 (8), 4-5-201 et seq., 11-1- 101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed February 5, 1991; effective May 29, 1991. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-05.

Tenn. Comp. R. & Regs. 0500-03-05-.07 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (l), 4-3-710 (8), 4-5-201 et seq., 11-1- 101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed February 5, 1991; effective May 29, 1991. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-05.

Tenn. Comp. R. & Regs. 0500-03-05-.08 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (l), 4-3-710 (8), 4-5-201 et seq., 11-1- 101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed February 5, 1991; effective May 29, 1991. Amendment filed September 25, 1992; effective December 29, 1992. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-05.

Tenn. Comp. R. & Regs. 0500-03-05-.09 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (l), 4-3-710 (8), 4-5-201 et seq., 11-1- 101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed February 5, 1991; effective May 29, 1991. Repeal filed September 25, 1992; effective December 29, 1992. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-05.

Tenn. Comp. R. & Regs. 0500-03-05-.10 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (l), 4-3-710 (8), 4-5-201 et seq., 11-1- 101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed February 5, 1991; effective May 29, 1991. Amendment filed September 25, 1992; effective December 29, 1992. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-05.

Tenn. Comp. R. & Regs. 0500-03-05-.11 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (l), 4-3-710 (8), 4-5-201 et seq., 11-1- 101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed February 5, 1991; effective May 29, 1991. Amendment filed September 25, 1992; effective December 29, 1992. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-05.

Tenn. Comp. R. & Regs. 0500-03-05-.12 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (l), 4-3-710 (8), 4-5-201 et seq., 11-1- 101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed February 5, 1991, effective May 29, 1991 Repeal filed September 25, 1992, effective December 29, 1992. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-05.

Tenn. Comp. R. & Regs. 0500-03-05-.13 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (l), 4-3-710 (8), 4-5-201 et seq., 11-1- 101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed February 5, 1991; effective May 29, 1991. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-05.

Tenn. Comp. R. & Regs. 0500-03-05-.14 REPEALED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-3-702 (c), 4-3-710 (l), 4-3-710 (8), 4-5-201 et seq., 11-1- 101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rule filed February 5, 1991; effective May 29, 1991. Repeal filed January 17, 2017; effective April 17, 2017. Rule renumbered 0400-60-05.

Chapter 0500-04-01 Repealed

Tenn. Comp. R. & Regs. 0500-04-01-.01 REPEALED

History

Authority: T.C.A. §4-3-702(c).
Administrative History: Original rule filed July 18, 1990; effective October 29, 1990. Repealed and new chapter filed December 30, 1992; effective March 31, 1993. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-04-01-.02 REPEALED

History

Authority: T.C.A. §4-3-702(c).
Administrative History: Original rule filed July 18, 1990; effective October 29, 1990. Repealed and new chapter filed December 30, 1992; effective March 31, 1993. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-04-01-.03 REPEALED

History

Authority: T.C.A. §4-3-702(c).
Administrative History: Original rule filed July 18, 1990; effective October 29, 1990. Repealed and new chapter filed December 30, 1992; effective March 31, 1993. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-04-01-.04 REPEALED

History

Authority: T.C.A. §§4-3-702(c).
Administrative History: Original rule filed July 18, 1990; effective October 29, 1990. Repealed and new chapter filed December 30, 1992; effective March 31, 1993. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-04-01-.05 REPEALED

History

Authority: T.C.A. §4-3-702(c).
Administrative History: Original rule filed July 18, 1990; effective October 29, 1990. Repealed and new chapter filed December 30, 1992; effective March 31, 1993. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-04-01-.06 REPEALED

History

Authority: T.C.A. §§4-3-702(c).
Administrative History: Original rule filed July 18, 1990; effective October 29, 1990. Repealed and new chapter filed December 30, 1992; effective March 31, 1993. Repeal of rule filed February 22, 2010; effective July 29, 2010. -- 1 of 2 --

Tenn. Comp. R. & Regs. 0500-04-01-.07 REPEALED

History

Authority: T.C.A. §4-3-702(c).
Administrative History: Original rule filed July 18, 1990; effective October 29, 1990. Repealed and new chapter filed December 30, 1992; effective March 31, 1993. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-04-01-.08 REPEALED

History

Authority: T.C.A. §4-3-702(c).
Administrative History: Original rule filed July 18, 1990; effective October 29, 1990. Repealed and new chapter filed December 30, 1992; effective March 31, 1993. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-04-01-.09 REPEALED

History

Authority: T.C.A. §§4-3-702(c).
Administrative History: Original rule filed July 18, 1990; effective October 29, 1990. Repealed and new chapter filed December 30, 1992; effective March 31, 1993. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-04-01-.10 REPEALED

History

Authority: T.C.A. §4-3-702(c)..
Administrative History: Original rule filed July 18, 1990; effective October 29, 1990. Repealed and new chapter filed December 30, 1992; effective March 31, 1993. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-04-01-.11 REPEALED

History

Authority: T.C.A. §4-3-702(c).
Administrative History: Original rule filed July 18, 1990; effective October 29, 1990. Repealed and new chapter filed December 30, 1992; effective March 31, 1993. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-04-01-.12 REPEALED

History

Authority: T.C.A. §4-3-702(c).
Administrative History: Original rule filed July 18, 1990; effective October 29, 1990. Repealed and new chapter filed December 30, 1992; effective March 31, 1993. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-04-01-.13 REPEALED

History

Authority: T.C.A. §4-3-702(c).
Administrative History: Original rule filed July 18, 1990; effective October 29, 1990. Repealed and new chapter filed December 30, 1992; effective March 31, 1993. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-04-01-.14 REPEALED

History

Authority: T.C.A. §4-3-702(c).
Administrative History: Original rule filed July 18, 1990; effective October 29, 1990. Repealed and new chapter filed December 30, 1992; effective March 31, 1993. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-04-01-.15 REPEALED

History

Authority: T.C.A. §4-3-702(c).
Administrative History: Original rule filed December 30, 1992; effective March 31, 1993. Repeal of rule filed February 22, 2010; effective July 29, 2010. -- 2 of 2 --

Chapter 0500-05-01 Repealed

Tenn. Comp. R. & Regs. 0500-05-01-.01 REPEALED

History

Authority: T.C.A. §§4-3-702(c), 65-5-212 and 65-5-213.
Administrative History: Original rule filed December 31, 1996; effective April 30, 1997. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-05-01-.02 REPEALED

History

Authority: T.C.A. §§4-3-702(c), 65-5-212 and 65-5-213.
Administrative History: Original rule filed December 31, 1996; effective April 30, 1997. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-05-01-.03 REPEALED

History

Authority: T.C.A. §§4-3-702(c), 65-5-212 and 65-5-213.
Administrative History: Original rule filed December 31, 1996; effective April 30, 1997. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-05-01-.04 REPEALED

History

Authority: T.C.A. §§4-3-702(c), 65-5-212 and 65-5-213.
Administrative History: Original rule filed December 31, 1996; effective April 30, 1997. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-05-01-.05 REPEALED

History

Authority: T.C.A. §§4-3-702(c), 65-5-212 and 65-5-213.
Administrative History: Original rule filed December 31, 1996; effective April 30, 1997. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-05-01-.06 REPEALED

History

Authority: T.C.A. §§4-3-702(c), 65-5-212 and 65-5-213.
Administrative History: Original rule filed December 31, 1996; effective April 30, 1997. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-05-01-.07 REPEALED

History

Authority: T.C.A. §§4-3-702(c), 65-5-212 and 65-5-213.
Administrative History: Original rule filed December 31, 1996; effective April 30, 1997. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-05-01-.08 REPEALED

History

Authority: T.C.A. §§4-3-702(c), 65-5-212 and 65-5-213.
Administrative History: Original rule filed December 31, 1996; effective April 30, 1997. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-05-01-.09 REPEALED

History

Authority: T.C.A. §§4-3-702(c), 65-5-212 and 65-5-213.
Administrative History: Original rule filed December 31, 1996; effective April 30, 1997. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-05-01-.10 REPEALED

History

Authority: T.C.A. §§4-3-702(c), 65-5-212 and 65-5-213.
Administrative History: Original rule filed December 31, 1996; effective April 30, 1997. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-05-01-.11 REPEALED

History

Authority: T.C.A. §§4-3-702(c), 65-5-212 and 65-5-213.
Administrative History: Original rule filed December 31, 1996; effective April 30, 1997. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-05-01-.12 REPEALED

History

Authority: T.C.A. §§4-3-702(c), 65-5-212 and 65-5-213.
Administrative History: Original rule filed December 31, 1996; effective April 30, 1997. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-05-01-.13 REPEALED

History

Authority: T.C.A. §§4-3-702(c), 12-4-101, and 12-4-102.
Administrative History: Original rule filed December 31, 1996; effective April 30, 1997. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Tenn. Comp. R. & Regs. 0500-05-01-.14 REPEALED

History

Authority: T.C.A. §§4-3-702(c), 65-5-212 and 65-5-213.
Administrative History: Original rule filed December 31, 1996; effective April 30, 1997. Repeal of rule filed February 22, 2010; effective July 29, 2010.

Chapter 0500-05-02 Repealed

Tenn. Comp. R. & Regs. 0500-05-02-.01 REPEALED

History

Authority: T.C.A. § 4-3-702(c).
Administrative History: Original rule filed February 23, 1999; effective June 28, 1999. Repeal filed September 3, 2013; effective February 28, 2014.

Tenn. Comp. R. & Regs. 0500-05-02-.02 REPEALED

History

Authority: T.C.A. § 4-3-702(c).
Administrative History: Original rule filed February 23, 1999; effective June 28, 1999. Repeal filed September 3, 2013; effective February 28, 2014.

Tenn. Comp. R. & Regs. 0500-05-02-.03 REPEALED

History

Authority: T.C.A. § 4-3-702(c).
Administrative History: Original rule filed February 23, 1999; effective June 28, 1999. Repeal filed September 3, 2013; effective February 28, 2014.

Tenn. Comp. R. & Regs. 0500-05-02-.04 REPEALED

History

Authority: T.C.A. § 4-3-702(c).
Administrative History: Original rule filed February 23, 1999; effective June 28, 1999. Repeal filed September 3, 2013; effective February 28, 2014.

Tenn. Comp. R. & Regs. 0500-05-02-.05 REPEALED

History

Authority: T.C.A. § 4-3-702(c).
Administrative History: Original rule filed February 23, 1999; effective June 28, 1999. Repeal filed September 3, 2013; effective February 28, 2014.

Tenn. Comp. R. & Regs. 0500-05-02-.06 REPEALED

History

Authority: T.C.A. § 4-3-702(c).
Administrative History: Original rule filed February 23, 1999; effective June 28, 1999. Repeal filed September 3, 2013; effective February 28, 2014.

Tenn. Comp. R. & Regs. 0500-05-02-.07 REPEALED

History

Authority: T.C.A. § 4-3-702(c).
Administrative History: Original rule filed February 23, 1999; effective June 28, 1999. Repeal filed September 3, 2013; effective February 28, 2014. -- 1 of 1 --

Chapter 0500-06-01 Tennessee Job Skills Program

Tenn. Comp. R. & Regs. 0500-06-01-.01 GENERAL

(1) Purpose.

(a) 1998 Tenn. Pub. Acts, Chapter 1110, codified as T.C.A. Title 50, Chapter 7. Part 4, created the Tennessee Job Skills Program in the Department of Economic and Community Development as a workforce development incentive program to enhance employment opportunities and to meet the needs of existing and new industries in this state.

(b) The program shall give priority to the creation and retention of high-wage jobs and focus on employers in industries that promote high-skill, high-wage jobs in high-technology areas, emerging occupations or skilled manufacturing jobs.

(c) At least seventy percent (70%) of the Tennessee Job Skills Funds, which are spent on Tennessee Job Skills Grants, shall be used for assisting existing employers.

History

Authority: 1998 Tenn. Pub. Acts, Ch. 1110, §4(a), §4(f) and T.C.A. §4-3-702(c).
Administrative History: Original rule filed August 28, 1998; effective December 29, 1998.

Tenn. Comp. R. & Regs. 0500-06-01-.02 DEFINITIONS

FOR PURPOSE OF THESE RULES:

(1) “Business development” includes relocation. expansion, or technological change.

(2) “Demand occupation” means an occupation in which, as a result of business development. there are or will be positive job growth to job replacement ratios within the next twelve (12) to twenty-four (24) months, according to the best available sources of State and local labor market information.

(3) “Eligible Expenses” are those expenses relative to the individual training project which may be eligible for reimbursement by a grant from the Tennessee Job Skills Fund as determined by the Department of Economic and Community Development, Industrial Training Service.

(4) “Emerging occupation” means an occupation that arises from forces related to technological changes in the workplace, and workers from other occupations without customized education or training cannot perform the work.

(5) “Employer” means a person that employs one or more employees.

(6) “Existing employer” when used in reference to an employer’s eligibility for a Tennessee Job Skills Grant, as described in these rules, means an employer that has been liable to pay unemployment insurance premiums and is current to date under T.C.A. Title 50, Chapter 7, for more than one (1) year. -- 1 of 5 -- (7) “Provider” means an entity that provides employment-related training. May include: employers. employer associations, labor organizations, community-based organizations, training consultants/vendors, public and private schools, state technical centers and other state supported colleges and universities, sole proprietorships or individual persons.

(8) “Targeted industry” means an industry that promotes and creates high-skill, high-wage jobs in Tennessee and hires Tennesseans to fill the jobs.

(9) “Trainee” means a participant in a project funded under the Tennessee Job Skills Program.

History

Authority: 1998 Tenn. Pub. Acts, Ch. 1110, §409 and §4(h); T.C.A. §4-3-702(c).
Administrative History: Original rule filed August 28, 1998; effective December 29, 1998.

Tenn. Comp. R. & Regs. 0500-06-01-.03 PROGRAM ADMINISTRATION

(1) Program Resources.

(a) The Tennessee Job Skills Fund is established as a separate account in the general fund.

(b) The Tennessee Job Skills Fund is composed of:

Money transferred into the Tennessee Job Skills Fund pursuant to the provisions of 1998 Tenn. Pub. Acts Ch. 1110.
Gifts, grants, and other donations received by the Department of Economic and Community Development for the Tennessee Job Skills Fund; and 3. Funds appropriated by the General Assembly for the Tennessee Job Skills Fund.

(c) Money in the Tennessee Job Skills Fund may be used by the Department of Economic and Community Development for program administration, marketing expenses, and program evaluation; however, such expenses shall not exceed five percent (5%) of the total amount appropriated for the program in any fiscal year.

(d) Amounts remaining in the Tennessee Job Skills Fund at the end of each fiscal year do not revert to the general fund.

(e) Money in the Tennessee Job Skills Fund is to be invested by the State Treasurer pursuant to T.C.A. Title 9. Chapter 4, Part 6, for the sole benefit of the Tennessee Job Skills Fund, and interest accruing on investments and deposits of such fund is to be returned to such fund and remain part of the Tennessee Job Skills Fund.

(f) The Legislature has expressed the intent that, to the extent practicable, money from the Tennessee Job Skills Program shall be spent in all areas of the State.

(g) 1998 Tenn. Pub. Acts Ch. 1110 states that the General Assembly shall annually, in the General Appropriations Act, appropriate the amount to be available in such fiscal year for Tennessee Job Skills Grants. The legislature has stated its intent that new commitments for Tennessee Job Skills Grants made by the Commissioner of Economic and Community Development from the Tennessee Job Skills Fund shall not exceed appropriations made for such purposes. It is further the legislative intent that in each fiscal year the Tennessee Job Skills Program be managed so that actual expenditures and obligations to be recognized at the end of the fiscal year shall not exceed any available reserves and appropriations of the program. -- 2 of 5 -- (2) Program expenses. Expenses for the administration of the Tennessee Job Skills Program incurred by the Department of Employment Security shall be paid from the Tennessee Job Skills fees collected in accordance with 1998 Tenn. Pub. Acts Ch. 1110, it being the intent of the General Assembly that no federal grant funds of the Department of Employment Security shall be used to audit the Tennessee Job Skills Fund or to administer the provisions of Public Chapter 1110.

History

Authority: 1998 Tenn. Pub. Acts, Ch. 1110, §40, §4 (b)(2) and §4(c); and T.C.A. §4-3-702(c).
Administrative History: Original rule filed August 28, 1998; effective December 29, 1998.

Tenn. Comp. R. & Regs. 0500-06-01-.04 EMPLOYER ELIGIBILITY

(1) The following employers may apply for a Tennessee Job Skills Grant from the Tennessee Job Skills Fund:

(a) One (1) or more employers to secure training for demand occupations, emerging occupations, or manufacturing occupations.

(b) One (1) or more employers acting in partnership with an employer organization, labor organization, or community-based organization to secure training for demand occupations. emerging occupations, or manufacturing occupations.

(c) One (1) or more employers acting in partnership with a consortium composed of more than one (1) provider to secure training for demand occupations, emerging occupations, or manufacturing occupations.

(2) Grant criteria. Tennessee Job Skills Grants from the Tennessee Job Skills Fund shall be awarded only to employers who certify that:

(a) A job or job opening exists or will exist at the end of the project for which the Tennessee Job Skills Grant is sought.

(b) Job openings will be filled by participants in the project.

(c) The starting wage for a new job created through the project will be equal to or greater than the prevailing starting wage for that occupation in the local labor market area, as determined by the Tennessee Department of Employment Security.

History

Authority: 1998 Tenn. Pub. Acts, Ch. 1110, §4(f), §4(d)(3), and §4(d)(5); and T.C.A. §4-3-702(c).
Administrative History: Original rule filed August 28, 1998; effective December 29, 1998.

Tenn. Comp. R. & Regs. 0500-06-01-.05 APPLICATION REQUIREMENTS

(1) All Tennessee Job Skills Grant applications must contain the following:

(a) The number and kinds of jobs available.

(b) The skills and competencies required for the identified jobs.

(d) The goals, objectives, and outcome measurements for the project.

(e) The proposed curriculum for the project. -- 3 of 5 -- (f) The projected cost per person enrolled, trained, hired and retrained in employment.

(g) Evidence of qualifications of instructors.

(h) Any additional application information deemed necessary by the Department of Economic and Community Development.

(2) Applications will be reviewed based on the following criteria:

(a) The total number of jobs the training project will impact.

(b) The degree that the training will increase job skills, job responsibilities and the wages of participants.

(d) Whether the employer is current on payment of unemployment insurance premiums.

(e) The level of monetary and in-kind contribution made to the project by the applicant(s).

(f) The degree the company will increase its current international trade activities.

(3) Contract.

(a) Upon approval/denial of the application the applicant(s) will be notified of the action.

(b) Approved applicants will enter into a contract with the Department of Economic and Community Development. The contract will delineate the reimbursement of eligible expenses.

History

Authority: 1998 Tenn. Pub. Acts, Ch. 1110, §409, §4(d)(4), and T.C.A. §4-3-702(c).
Administrative History: Original rule filed August 28, 1998; effective December 29, 1998.

Tenn. Comp. R. & Regs. 0500-06-01-.06 MONITORING

(1) Each employer who receives a Tennessee Job Skills Grant pursuant to the provisions of this section shall file a final report with the Department of Economic and Community Development at the conclusion of the Tennessee Job Skills Grant period. which shall contain the following information:

(a) The number of participants in the project who are employed at the conclusion of the project.

(b) The number of participants in the project who are not employed at the end of the project.

(2) Training Site/Project Visitations.

(a) Upon receipt of the company(s) Tennessee Job Skills application, the company will be contacted by an Industrial Training Service Training Consultant to arrange for a site visit to collect/clarify additional project information.

(b) While the contract is in effect, the Industrial Training Service will make site visits to audit the training project. -- 4 of 5 --

History

Authority: 1998 Tenn. Pub. Acts, Ch. 1110, §4(f), §4(e), and T CA. §4-3-702(c).
Administrative History: Original rule filed August 28, 1998; effective December 29, 1998.

Tenn. Comp. R. & Regs. 0500-06-01-.07 ACCOUNTABILITY

(1) The Department of Economic and Community Development is to report annually to the Joint Select Committee on Business Taxes on the Tennessee Job Skills Program. On February 1, 2002, and every year thereafter. 1998 Tenn. Pub. Acts Ch. 1110 requires the Comptroller of the Treasury to report to the Joint Select Committee on Business Taxes on the utilization of such funds.

(2) In addition to filing an annual report with the Joint Select Committee on Business Taxes in accordance with 0500-6-1-.04, the Commissioner of Economic and Community Development is to annually report to the Finance, Ways and Means Committee of both the House and Senate and the House Commerce Committee and the Senate Commerce, Labor & Agriculture Committee on the status of the Tennessee Job Skills appropriation. Such report shall incorporate the information required to be filed by each employer who receives a Tennessee Job Skills Grant pursuant to 0500-6-1-.07 as well as include information concerning the amount of each grant authorized and each commitment accepted since the previous report and the name of the employer receiving the benefit of such grant or commitment, the total outstanding grants and commitments and the total unobligated appropriation.

History

Authority: 1998 Tenn. Pub. Acts, Ch. 1110, §4(f), §4(g), §(4)(d)(2), and T.C.A. §4-3-702(c).
Administrative History: Original rule filed August 28, 1998; effective December 29, 1998. -- 5 of 5 --

Chapter 0500-07-01 Tennessee Film, Entertainment, and Music Commission Production Incentive

Tenn. Comp. R. & Regs. 0500-07-01-.01 DEFINITIONS

(1) “ECD” means the Tennessee Department of Economic and Community Development.

(2) “TFEMC” means the Tennessee Film, Entertainment, and Music Commission.

(3) The “TFEMC Production Incentive” means the TFEMC-administered grant program by which moneys in the Tennessee Film/Television Incentive Fund are appropriated and expended to provide production incentive grants pursuant to T.C.A. § 4-3-4903.

History

Authority: T.C.A. §§ 4-3-702(c), 4-3-4901 et seq., and 4-3-4903(i).
Administrative History: Original rule filed August 12, 2013; effective January 29, 2014.

Tenn. Comp. R. & Regs. 0500-07-01-.02 PROCEDURES AND ADMINISTRATION

(1) The award of a TFEMC Production Incentive grant must be approved by the ECD Grants and Loans Committee.

(2) Qualified Tennessee expenditures made prior to the execution of a grant contract between the grant recipient and ECD will not count towards the grant recipient’s incentive award per T.C.A. § 4-3-4903(c)(2).

(3) Qualified Tennessee expenditures must be determined and reported by an independent Certified Public Accountant (“CPA”) retained by the grant recipient and in accordance with incentive guidelines promulgated by TFEMC. The CPA must be licensed and have completed a successful American Institute of Certified Public Accountants (“AICPA”) Peer Review by an AICPA-approved qualified peer reviewer in the most recent reporting cycle.

(4) At the sole discretion of ECD, qualified Tennessee expenditures reported by the grant recipient may be audited by a CPA employed by or retained on behalf of the State of Tennessee. The results of the audit may be used to adjust the amount of qualified Tennessee expenditures eligible for reimbursement.

(5) The script and resulting production must not be obscene in nature as defined by T.C.A. § 39- 17-901(10).

(6) The resulting production must provide production credits to the Governor; the State of Tennessee; the Tennessee Film, Entertainment, and Music Commission; and the Department of Economic and Community Development; as well as a “Filmed in Tennessee” logo acknowledging that the production was filmed in the State of Tennessee.

History

Authority: T.C.A. §§ 4-3-702(c), 4-3-4901 et seq., and 4-3-4903(i).
Administrative History: Original rule filed August 12, 2013; effective January 29, 2014. -- 1 of 1 --

Chapter 0500-08-01 TNInvestco Program

Tenn. Comp. R. & Regs. 0500-08-01-.01 DEFINITIONS

(1) As used in these rules, the following terms are defined as follows:

(a) “Day” means a calendar day.

(b) “Dissolution” means the winding down of a company, whether voluntary or compulsory; approval or execution of a plan of dissolution; filing of a certificate of dissolution; liquidation or redistribution of substantially all of its assets; or its ceasing to carry on its business or operations, or to provide substantial employment.

(d) “Investment Confirmation Letter” means a letter certified by the Principal Officer of a Qualified Business noticing ECD of the date and dollar amount of a Qualified Investment by a specific TNInvestco.

(e) “Investment Request” means a request made by a TNInvestco pursuant to T.C.A. § 4- 28-106(b) for a written determination by ECD that a proposed investment qualifies as a Qualified Investment.

(f) “Liquidity Event” means the merger, sale, or spinoff or other transaction of a Qualified Business, by which some or all of the investment held by a TNInvestco is monetized or otherwise converted to cash, securities, assets, distributions, or other proceeds.

(g) “Material Adverse Change” means any change, effect, event, occurrence, or state of facts that, individually or in the aggregate is, or is reasonably expected to be, materially adverse to the business, results of operations, condition (financial or otherwise), or prospects of a Qualified Business and its consolidated subsidiaries, if any taken as a whole. The term “Material Adverse Change” includes the following:

The Dissolution of the Qualified Business;
The initiation of bankruptcy, insolvency, reorganization, or similar proceedings or actions by, on behalf of, or against the Qualified Business;
A felony conviction or plea of “nolo contendre” resulting in a prison sentence to be served by an executive, member, or managing partner of the Qualified December, 2015 2 Business; or a conviction or plea of “nolo contendre” for an act that reflects adversely on his or her honesty, trustworthiness, or fitness as an executive, member, or managing partner of the Qualified Business, including conduct involving dishonesty, fraud, deceit, misrepresentation, or the improper influence of a government agency or official on behalf of, or for the benefit of, the Qualified Business; or 4. A period of ninety (90) Days in which regular communications have ceased between the Qualified Business and a TNInvestco with an ownership interest.

(h) “Principal Officer” means the top officer of a company, including such positions as president, chief executive officer, or managing partner.

(i) “Qualified Business” shall have the meaning assigned to it at T.C.A. § 4-28-102(11).

(j) “Qualified Investment” shall have the meaning assigned to it at T.C.A. § 4-28-102(13).

(k) “Qualified Investment Funds” shall mean all funds received by a TNInvestco pursuant to an Investment Request approved by ECD or deemed approved under T.C.A. § 4-28- 106(b) for purposes of making a Qualified Investment in a specific Qualified Business.

(l) “TNInvestco” shall have the meaning assigned to it at T.C.A. § 4-28-102(17).

History

Authority: T.C.A. §§ 4-28-102(11), 4-28-102(13, 4-28-102(17, 4-28-106, and 4-28-111(d).
Administrative History: New rule filed September 4, 2015; effective December 3, 2015.

Tenn. Comp. R. & Regs. 0500-08-01-.02 TIMELY FUNDING OF INVESTMENTS

(1) After an Investment Request is approved by ECD or the proposed investment is otherwise deemed a Qualified Investment, one hundred percent (100%) of the Qualified Investment Funds shall be disbursed to the Qualified Business within sixty (60) Days after the date of delivery of the Qualified Investment Funds to the TNInvestco. In the event the TNInvestco is unable to disburse the Qualified Investment Funds to the Qualified Business within sixty (60)

Days, the TNInvestco shall return the Qualified Investment Funds. A TNInvestco is prohibited from holding any amount of Qualified Investment Funds for more than sixty (60)

Days, including for purposes of making a Qualified Investment in tranches.

(2) In the event of noncompliance with this rule, a penalty of $1,000 per Day shall be assessed until the noncompliance is cured.

History

Authority: T.C.A. §§ 4-28-106 and 4-28-111(d).
Administrative History: New rule filed September 4, 2015; effective December 3, 2015.

Tenn. Comp. R. & Regs. 0500-08-01-.03 DOCUMENTATION OF DELIVERY OF QUALIFIED INVESTMENT FUNDS

(1) The TNInvestco shall submit to ECD documentation of the delivery of Qualified Investment Funds to a Qualified Business within sixty (60) Days of delivery.

(2) In the event of noncompliance with this rule, a penalty of $1,000 per Day shall be assessed until the noncompliance is cured.

History

Authority: T.C.A. §§ 4-28-106 and 4-28-111(d).
Administrative History: New rule filed September 4, 2015; effective December 3, 2015. (Rule 0500-08-01.04) December, 2015 3

Tenn. Comp. R. & Regs. 0500-08-01-.04 INVESTMENT CONFIRMATION LETTERS

(1) Within sixty (60) Days after the delivery of Qualified Investment Funds to a Qualified Business, the TNInvestco shall submit to ECD an Investment Certification Letter certified by the Principal Officer of the Qualified Business.

(2) In the event of noncompliance with this rule, a penalty of $1,000 per Day shall be assessed until the noncompliance is cured.

History

Authority: T.C.A. §§ 4-28-106 and 4-28-111(d).
Administrative History: New rule filed September 4, 2015; effective December 3, 2015.

Tenn. Comp. R. & Regs. 0500-08-01-.05 CERTIFICATES OF OWNERSHIP

(1) After the delivery of Qualified Investment Funds to a Qualified Business, the TNInvestco shall submit to ECD each original certificate of ownership (e.g., stock, membership, or note) issued pursuant to the Qualified Investment within thirty (30) Days after the date of delivery of the certificate of ownership to the TNInvestco. In the event no certificate of ownership is issued by the Qualified Business, within thirty (30) Days after the delivery of the Qualified Investment Funds to the Qualified Business the TNInvestco shall provide written notification to the State that no certificate of ownership is available.

(2) In the event of noncompliance with this rule, a penalty of $1,000 per Day shall be assessed until the noncompliance is cured.

History

Authority: T.C.A. §§ 4-28-106 and 4-28-111(d).
Administrative History: New rule filed September 4, 2015; effective December 3, 2015.

Tenn. Comp. R. & Regs. 0500-08-01-.06 NOTICE FOLLOWING MATERIAL ADVERSE CHANGE

(1) In the event of a Material Adverse Change in a Qualified Business, each TNInvestco with an ownership interest shall provide written notice to ECD within ten (10) Days after the TNInvestco receives notice of, or its Principal Officer has actual knowledge of, the Material Adverse Change. The written notice required by this rule shall include documentation explaining the circumstances of the Material Adverse Change.

(2) In the event of noncompliance with this rule, a penalty of $1,000 per Day shall be assessed until the noncompliance is cured.

History

Authority: T.C.A. §§ 4-28-102(11) and 4-28-111(d).
Administrative History: New rule filed September 4, 2015; effective December 3, 2015.

Tenn. Comp. R. & Regs. 0500-08-01-.07 NOTICE FOLLOWING LIQUIDITY EVENT

(1) In the event of a Liquidity Event, each TNInvestco with an ownership interest shall:

(a) Provide written notice of the Liquidity Event to ECD within thirty (30) Days after the date of the Liquidity Event;

(b) Within thirty (30) Days after the date of the Liquidity Event, provide adequate documentation to ECD that details the transaction and any proceeds generated.

Documentation is adequate if it provides all information necessary to determine the State’s ownership interest in the proceeds of the Liquidity Event; and (c) If the Liquidity Event results in ownership of a security, submit to ECD each original December, 2015 4 certificate of ownership (e.g., stock, membership, or note) issued pursuant to the Liquidity Event within thirty (30) Days after the date of delivery of the certificate to the TNInvestco.

(2) In the event of noncompliance with a subparagraph of this rule, a penalty of $1,000 per Day shall be assessed until the noncompliance is cured.

History

Authority: T.C.A. §§ 4-28-108 and 4-28-111(d).
Administrative History: New rule filed September 4, 2015; effective December 3, 2015.

Tenn. Comp. R. & Regs. 0500-08-01-.08 RETURN OF PROCEEDS FOLLOWING LIQUIDITY EVENT

(1) In the event of a Liquidity Event, each TNInvestco with an ownership interest shall return to the State one hundred percent (100%) of the proceeds of the Liquidity Event within thirty (30)

Days after the date of delivery of the proceeds to the TNInvestco.

(2) In the event of noncompliance with this rule, a penalty of $1,000 per Day shall be assessed until the noncompliance is cured.

History

Authority: T.C.A. §§ 4-28-108 and 4-28-111(d).
Administrative History: New rule filed September 4, 2015; effective December 3, 2015.

Tenn. Comp. R. & Regs. 0500-08-01-.09 SUBMISSION OF DOCUMENTS AND FEES

(1) Each TNInvestco shall submit all required statutory and programmatic documents and fees on or before their assigned due dates. Mandatory documents and fees include the following:

(a) “Fiduciary Duty and Ethics, Waste, Fraud & Abuse Policy Acknowledgment for TNInvestco Program” form due January 31 st each year;

(b) “Report on Remaining Designated Capital” due January 31 st each year;

(d) Annual certification fee due April 1 st each year;

(e) Scorecard due April 30 th each year; and (f) Annual Audit Report and Examination Review due April 30 th each year.

(2) In the event of noncompliance with a subparagraph of this rule, a penalty of $1,000 per Day for each document or fee shall be assessed until the noncompliance is cured.

History

Authority: T.C.A. §§ 4-28-110; 4-28-111(a); 4-28-111(d); and 4-28-113.
Administrative History: New rule filed September 4, 2015; effective December 3, 2015.

Tenn. Comp. R. & Regs. 0500-08-01-.10 ANNUAL AUDIT REPORT, EXAMINATION REVIEW, AND CURE PERIOD

(1) Each TNInvestco shall submit to ECD its annual audited financial statements (the “Annual Audit Report”), together with an examination review of follow-on capital, jobs data, and pacing requirement compliance (the “Examination Review”), prepared in accordance with all relevant statutory and programmatic requirements, including T.C.A. § 4-28-110(a)(4), the “Updated Program Policies” memorandum dated February 27, 2013, and the “2014 Guidelines for Preparing Schedules” memorandum dated November 13, 2014, as they may be revised from time to time, as well as any other applicable process memoranda issued by ECD or the Office December, 2015 5 of the Comptroller of the Treasury. A TNInvestco shall:

(a) Cure any disclaimer, adverse or qualified opinion, finding, material weakness, significant deficiency, or other deficiency relating to the internal controls, accounting standards, and financial statements and notes of the TNInvestco (“Audit and Control Deficiencies”) identified in the Annual Audit Report within forty-five (45) Days after the date ECD notifies the TNInvestco;

(b) Cure any disclaimer, adverse or qualified opinion, material noncompliance, error, omission, deviation from relevant policies and procedures, or other deficiency relating to the pacing requirements schedule, jobs and follow-on capital schedule, and schedule of investments (“Schedule and Compliance Deficiencies”) identified in the Examination Review within forty-five (45) Days after the date ECD notifies the TNInvestco;

(c) Cure any additional Audit and Control Deficiencies identified by ECD or the Office of the Comptroller of the Treasury within forty-five (45) Days after the date ECD notifies the TNInvestco; and (d) Cure any additional Schedule and Compliance Deficiencies identified by ECD or the Office of the Comptroller of the Treasury within forty-five (45) Days after the date ECD notifies the TNInvestco.

(2) In each event of noncompliance with a subparagraph of this rule, a penalty of $1,000 per Day shall be assessed until the noncompliance is cured. Penalties assessed pursuant to subparagraph (1)(b) of this rule shall not exceed a maximum of $1,000 per Day per schedule.

Penalties assessed pursuant to subparagraph (1)(d) of this rule shall not exceed a maximum of $1,000 per Day per schedule. Notwithstanding the foregoing, if the noncompliance results in the assessment of a mandatory penalty of $10,000 pursuant to T.C.A. § 4-28-111(b), an additional penalty shall not be assessed pursuant to this rule for the noncompliance.

History

Authority: T.C.A. §§ 4-28-110; 4-28-111; and 4-28-113.
Administrative History: New rule filed September 4, 2015; effective December 3, 2015.

Chapter 0500-09-01 Access to Public Records

Tenn. Comp. R. & Regs. 0500-09-01-.01 PURPOSE

The purpose of these rules is to establish procedures regarding Public Records requests received by the Tennessee Department of Economic and Community Development and to provide economical and efficient access to Public Records as provided under the Tennessee Public Records Act.

History

Authority: T.C.A. §§ 4-3-702, 4-3-706, and 10-7-503.
Administrative History: Original rules filed March 11, 2019; effective June 9, 2019.

Tenn. Comp. R. & Regs. 0500-09-01-.02 DEFINITIONS

(1) As used in these rules, the following terms are defined as follows:

(a) “ECD” means the Tennessee Department of Economic and Community Development.

(b) “Office of Open Records Counsel” or “OORC” means the office established pursuant to Tenn. Code Ann. §§ 8-4-601 et seq., or any successor office or entity.

(c) “Public Records” means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of official government business by any governmental entity, not otherwise protected by law or exempt from disclosure under the TPRA.

(d) “Public Records Request Coordinator” or “PRRC” means the individual, or individuals, designated in 0500-09-01.03(1)(c) of these rules who has, or have, the responsibility to ensure public record requests are routed to the appropriate records custodian and are fulfilled in accordance with the TPRA. The Public Records Request Coordinator may also be a records custodian.

(e) “Records Custodian” means the office, official or employee lawfully responsible for the direct custody and care of a public record. The records custodian is not necessarily the original preparer or receiver of the record.

(f) “Requestor” means a person seeking access to a public record, whether it is for inspection or duplication.

(g) “TPRA” means the Tennessee Public Records Act.

June, 2019 2

History

Authority: T.C.A. §§ 4-3-702, 4-3-706, and 10-7-503.
Administrative History: Original rules filed March 11, 2019; effective June 9, 2019.

Tenn. Comp. R. & Regs. 0500-09-01-.03 ;

If the records requested are described with sufficient specificity to identify them;
If ECD is the custodian of the records; and 4. If the records requested or any of their contents are not subject to disclosure based on applicable federal or state laws or rules.

June, 2019 3 (b) The PRRC shall acknowledge receipt of the request and take any of the following appropriate action(s):

Advise the Requestor of any elections made regarding:

(i) Proof of Tennessee citizenship pursuant to Rule 0500-09-01-.03;

(ii) Form(s) required for copies;

(iii) Fees and labor threshold and waivers; and (iv) Aggregation of multiple or frequent requests.

If appropriate, deny the request in writing, providing the appropriate ground such as one of the following:

(i) The Requestor is not, or has not presented evidence of being, a Tennessee citizen.

(ii) The request lacks specificity. ECD may work with the Requestor to clarify the request.

(iii) An exemption makes the record not subject to disclosure under the TPRA.

ECD will notify the Requestor of the specific exemption.

(iv) ECD is not the custodian of the requested records.

(v) The records do not exist.

If appropriate, contact the Requestor to see if the request can be narrowed.
Forward the records request to the appropriate records custodian in ECD.
If requested records are in the custody of a different governmental entity, and the PRRC knows the correct governmental entity, advise the Requestor of the correct governmental entity and PRRC for that entity if known.

(c) The designated PRRC is the Director of Contracts of ECD; provided, however, that the responsibilities of the PRRC under this Rule may be delegated to one or more employees under the direction of the PRRC. The PRRC may be contacted at:

Tennessee Department of Economic and Community Development ECD Legal 312 Rosa L. Parks Ave., 27th Floor, Nashville, Tennessee 37243 Telephone: 615-532-6346 Email: ECD.PublicRecords@tn.gov (2) Records Custodian.

(a) Upon receiving a Public Records request, a records custodian shall promptly make requested Public Records available in accordance with T.C.A. § 10-7-503. If the records custodian is uncertain that an applicable exemption applies, the custodian may consult with the PRRC, legal counsel, or the OORC.

June, 2019 4 (b) If not practicable to promptly provide requested records because additional time is necessary to determine whether the requested records exist; to search for, retrieve, or otherwise gain access to records; to determine whether the records are open; to redact records; or for other similar reasons, then a records custodian shall, within seven (7) business days from the records custodian’s receipt of the request, send the Requestor a completed Public Records Request Response Form.

(d) If a records custodian reasonably determines production of records should be segmented because the records request is for a large volume of records, or additional time is necessary to prepare the records for access, the records custodian shall notify the Requestor in writing that production of the records will be in segments and that a records production schedule will be provided as expeditiously as practicable. If appropriate, the records custodian should contact the Requestor to see if the request can be narrowed.

(e) If a records custodian discovers records responsive to a records request were omitted, the records custodian should contact the Requestor concerning the omission and produce the records as quickly as practicable.

(3) Redaction.

(a) If a record contains confidential information or information that is not open for public inspection, the records custodian shall prepare a redacted copy prior to providing access. If questions arise concerning redaction, the records custodian should coordinate with legal counsel or other appropriate parties regarding review and redaction of records. The records custodian and the PRRC may also consult with the OORC or with the Office of Attorney General and Reporter.

(b) Whenever a redacted record is provided, a records custodian should provide the Requestor with the basis for redaction. The basis given for redaction shall be general in nature and not disclose confidential information.

History

Authority: T.C.A. §§ 4-3-702, 4-3-706, and 10-7-503.
Administrative History: Original rules filed March 11, 2019; effective June 9, 2019.

Tenn. Comp. R. & Regs. 0500-09-01-.04 RESPONDING TO PUBLIC RECORDS REQUESTS

(1) Public Records Request Coordinator.

(a) The PRRC shall review public record requests and make an initial determination of the following:

If the Requestor provided evidence of Tennessee citizenship pursuant to Rule

Tenn. Comp. R. & Regs. 0500-09-01-.05 INSPECTION OF PUBLIC RECORDS

(1) There shall be no charge for inspection of open Public Records.

(2) The location for inspection of records within the offices of ECD will be determined by either the PRRC or the records custodian.

(3) Under reasonable circumstances, the PRRC or a records custodian may require an appointment for inspection or may require inspection of records at an alternate location.

(4) If, after viewing the records, the Requestor wishes to obtain copies, ECD will calculate cost based on the copy and labor charges for the entire request. If the Requestor does not wish to obtain copies of all records produced, ECD will pro-rate the charges on a per-page basis.

(a) The Requestor will be allowed to make copies of personally inspected Public Records with his or her personal equipment including portable scanner, cell phone, or camera.

June, 2019 5 (b) The Requestor will not be allowed to connect any personal equipment directly to an ECD computer or electronic device, including but not limited to using a flash drive to make copies of Public Records.

History

Authority: T.C.A. §§ 4-3-702, 4-3-706, and 10-7-503.
Administrative History: Original rules filed March 11, 2019; effective June 9, 2019.

Tenn. Comp. R. & Regs. 0500-09-01-.06 COPIES OF PUBLIC RECORDS

(1) A records custodian shall promptly respond to a public record request for copies in the most economic and efficient manner practicable.

(2) Copies will be available for pickup at a location specified by the records custodian.

(3) Upon payment for postage, copies will be delivered to the Requestor’s home address or Tennessee business address by the United States Postal Service or other courier service.

(4) Copies may be delivered electronically by email, flash drive, or other electronic medium. ECD will use a flash drive or other electronic medium if the electronic documents exceed the State’s file size limitations for e-mail attachments.

History

Authority: T.C.A. §§ 4-3-702, 4-3-706, and 10-7-503.
Administrative History: Original rules filed March 11, 2019; effective June 9, 2019.

Tenn. Comp. R. & Regs. 0500-09-01-.07 FEES AND CHARGES AND PROCEDURES FOR BILLING AND PAYMENT

(1) ECD will assess charges for copying and labor required to produce copies of requested Public Records based on the most current version of the Schedule of Reasonable Charges issued by the OORC. The Schedule of Reasonable Charges is available on the Tennessee Comptroller of the Treasury’s website on the OORC page.

(2) Records custodians shall provide Requestors with an itemized estimate of the charges prior to producing copies of records. Payment shall made in advance when charges exceed $100.

If payment is not required in advance, the Requestor must agree, in writing, to pay the charges prior to ECD producing the records.

(3) When fees for copies and labor do not exceed $100, the fees may be waived. Requests for waivers for fees above $100 must be presented to the Executive Leadership Team of ECD, who is authorized to determine if such waiver is in the best interest of ECD and for the public good. Fees associated with aggregated records requests will not be waived.

(4) If an outside vendor is utilized to compile, review or redact Public Records in response to a Public Records request, the Requestor will be charged the vendor’s costs.

(5) Payment will be made by personal check payable to “Tennessee Department of Economic and Community Development” presented to the PRRC.

History

Authority: T.C.A. §§ 4-3-702, 4-3-706, and 10-7-503.
Administrative History: Original rules filed March 11, 2019; effective June 9, 2019.

Tenn. Comp. R. & Regs. 0500-09-01-.08 AGGREGATION OF FREQUENT AND MULTIPLE REQUESTS

(1) ECD will aggregate record requests in accordance with the Reasonable Charges for Frequent and Multiple Request Policy promulgated by the OORC when more than four (4) requests are received within a calendar month either from a single individual or a group of individuals deemed to be working in concert. Requests will be aggregated at the ECD level.

June, 2019 6 (2) The PRRC is responsible for making the determination that a group of individuals are working in concert. The PRRC must inform the individuals that they have been deemed to be working in concert and that they have the right to appeal the decision to the OORC.

History

Authority: T.C.A. §§ 4-3-702, 4-3-706, and 10-7-503.
Administrative History: Original rules filed March 11, 2019; effective June 9, 2019.

Tenn. Comp. R. & Regs. 0500-09-01-.09 FAILURE TO INSPECT COPIES OR FAILURE TO PAY

(1) If a Requestor makes two (2) or more requests to view Public Records within a six (6) month period and, for each request, the Requestor fails to view the public record within fifteen (15) business days of receiving notification that the record is available to view, ECD is not required to comply with any Public Records request from the Requestor for a period of six (6) months from the date of the second request to view Public Records unless it is determined than the failure to view the Public Records was for good cause.

(2) If a Requestor makes a request for copies of a public record and, after copies have been produced, fails to pay ECD the cost of producing such copies, ECD is not required to comply with any Public Records request from the person until the person pays for such copies; provided, that the person was provided with an estimated cost for producing the copies in accidence with state law prior to producing the copies and the Requestor agreed to pay the estimated cost for such copies.

History

Authority: T.C.A. §§ 4-3-702, 4-3-706, and 10-7-503.
Administrative History: Original rules filed March 11, 2019; effective June 9, 2019.