Deletes provision in TCA § 4-5-103 (a) of the Uniform Administrative Procedures Act (UAPA) that allows for a liberal construction of agency powers and for questions regarding the extent of an agency’s powers to be resolved in favor of the existence of the power.
Replaces the foregoing provision by narrowing the authority of administrative agencies and construing any question of the extent of agency power against the agency.
Places the burden of proof on the agency to demonstrate by clear and convincing evidence that it is acting within its authority and that the rule is clear, consistent, and necessary to secure the health, safety, or welfare of the public.
Increasingly, the progressive agenda is being implemented through administrative agencies who issue rules and regulations that can have significant consequences for non-compliance.
This bill limits and narrows the ability for administrative agencies to push an agenda, and it helps confine the agency to its statutory purpose.
Passed Senate 28-1 and House 68-22. Signed into law by Gov. Haslam.