Rulemaking Hearing Rules are the most common type of rules which DHS will promulgate since they provide “permanent” rules that have no expiration date for the operation of the Department’s programs. If emergency rules are promulgated, they will almost always be followed by Rulemaking Hearing rules.
They are always preceded by a public hearing which is initiated by the filing of what is called a “Notice of Rulemaking” with the Secretary of State for publication on the Secretary of State's website in the Tennessee Administrative Register. The Notice will contain a verbatim copy of the rules as the Department determines it wants to promulgate them, and it will notify the public of this rulemaking intention.
After the public rulemaking hearing, changes may be made based upon public comments or further review of the rules by the Department. The rules are sent to the Attorney General for review and following approval of the rule by the State Attorney General, the rules are filed with the Secretary of State and become effective ninety days after filing.