Tennessee Code Annotated

Title 4: State Government

Chapter 29: Tennessee Governmental Entity Review Law

Part 1: Entity Review

TCA 4-29-104: Hearings.

(a)  Prior to the termination, continuation, reestablishment or restructuring of any governmental entity, the evaluation committee created in § 4-29-103 shall hold at least one (1) public hearing and receive testimony from the public and from the administrative head of the governmental entity.

(b)  The governmental entity shall have the burden of demonstrating the public need for its continued existence and the extent to which any change in organization, structure or transfer to another department of state government for administrative purposes would increase the operational or administrative effectiveness and efficiency of such entity.

(c)  (1)  Notice of the time and place of the public hearing shall be published in at least one (1) newspaper of general circulation in each of the state's major metropolitan areas, Nashville, Memphis, Knoxville, Chattanooga, and the tri-cities area composed of Bristol, Johnson City and Kingsport, ten (10) days prior to the hearing.

     (2)  In addition, a notice of intent to hold the public hearing shall be published at least once every ninety (90) days, listing all entities that might be scheduled for such hearings during the subsequent ninety (90) days.

     (3)  Funding allocated for purchasing publication of such notices in Nashville, Memphis, rural west Tennessee, Knoxville and Chattanooga newspapers may be expended to purchase publication of such notices within newspapers published primarily for distribution within the African-American communities within Nashville, Memphis, rural west Tennessee, Knoxville and Chattanooga.

(d)  Notwithstanding the provisions of § 4-29-115 or any other provision of law to the contrary, if the evaluation committee created in § 4-29-103 does not conduct a public hearing regarding a governmental entity that has been reviewed by the office of the comptroller and such office has filed a report with the committee and such entity is due to terminate on June 30, 2003, then such entity shall be extended for two (2) years, or until the committee conducts the public hearing and the general assembly acts to terminate, continue, reestablish or restructure the governmental entity, whichever occurs first. If such hearing and action by the general assembly does not occur prior to June 30, 2005, then any entity continued pursuant to the provisions of this subsection (d) is terminated and shall wind up its affairs pursuant to § 4-29-112.

(e)  Notwithstanding the provisions of § 4-29-115 or any other provision of law to the contrary, if the evaluation committee created in § 4-29-103 has not completed a public hearing regarding a governmental entity that has been reviewed by the office of the comptroller and such entity is due to terminate on or by June 30, 2004, then such entity shall be extended for two (2) years, or until the evaluation committee conducts a public hearing and the action by the general assembly to terminate, continue, reestablish or restructure the governmental entity takes effect, whichever occurs first. If such hearing and action by the general assembly does not occur prior to June 30, 2006, then any entity continued pursuant to the provisions of this subsection (e) is terminated and shall wind up its affairs pursuant to § 4-29-112. The Tennessee code commission is specifically authorized to revise the termination date of any governmental entity subject to the provisions of this subsection (e).

(f)  Notwithstanding the provisions of § 4-29-115, or any other provision of law to the contrary, if the evaluation committee created in § 4-29-103 has not completed a public hearing regarding a governmental entity and such entity is due to terminate on or by June 30, 2005, then such entity shall be extended for one (1) year, or until the committee conducts a public hearing and the general assembly acts to terminate, continue, reestablish or restructure the governmental entity, whichever occurs first. If such hearing and action by the general assembly does not occur prior to June 30, 2006, then any entity continued pursuant to this subsection (f) is terminated and shall wind up its affairs pursuant to § 4-29-112. The Tennessee code commission is specifically authorized to revise the termination date of any governmental entity subject to the provisions of this subsection (f).

(g)  Notwithstanding the provisions of § 4-29-115 or any other provision of law to the contrary, if the evaluation committee created in § 4-29-103 has not completed a public hearing regarding a governmental entity and such entity is due to terminate on or by June 30, 2006, then such entity shall be extended for one (1) year, or until the committee conducts a public hearing and the general assembly acts to terminate, continue, reestablish or restructure the governmental entity, whichever occurs first. If such hearing and action by the general assembly does not occur prior to June 30, 2007, then any entity continued pursuant to this subsection (g) is terminated and shall wind up its affairs pursuant to § 4-29-112. The Tennessee code commission is specifically authorized to revise the termination date of any governmental entity subject to the provisions of this subsection (g).

(h)  Notwithstanding § 4-29-115 or any other law to the contrary, if the evaluation committee created in § 4-29-103 has not completed a public hearing regarding a governmental entity and the entity is due to terminate on or by June 30, 2007, then the entity shall be extended for one (1) year, or until the committee conducts a public hearing and the general assembly acts to terminate, continue, reestablish or restructure the governmental entity, whichever occurs first. If the hearing and action by the general assembly does not occur prior to June 30, 2008, then any entity continued pursuant to this subsection (h) is terminated and shall wind up its affairs pursuant to § 4-29-112. The Tennessee code commission is specifically authorized to revise the termination date of any governmental entity subject to the provisions of this subsection (h).

History: [Acts 1977, ch. 452, § 10; T.C.A., § 4-2910; Acts 1980, ch. 722, §§ 1, 2; 1993, ch. 521, § 1; 2003, ch. 396, § 3; 2004, ch. 949, § 2; 2005, ch. 374, § 1; 2006, ch. 1000, § 1; 2007, ch. 547, § 1.]