2010 Tennessee Code
Title 4 - State Government
Chapter 29 - Tennessee Governmental Entity Review Law
Part 1 - Entity Review
4-29-106 - Criteria for review.

4-29-106. Criteria for review.

In conducting the review of governmental entities, the evaluation committee shall take into consideration the following factors:

     (1)  The extent to which regulatory entities have permitted qualified applicants to serve the public;

     (2)  The extent to which the affirmative action requirements of state and federal statutes have been complied with by the governmental entity or the industry that it regulates;

     (3)  The extent to which the governmental entity has recommended statutory changes to the general assembly that would benefit the public as opposed to those persons it regulates;

     (4)  The extent to which the governmental entity has required the persons it regulates to report to it concerning the impact of its rules and decisions on the public with respect to improvement, economy and availability of service;

     (5)  The extent to which persons regulated by the governmental entity have been required to assess problems in the professions or vocations that affect the public;

     (6)  The extent to which the governmental entity has encouraged public participation in its rules and decision making, as opposed to participation solely by the persons it regulates;

     (7)  The degree of efficiency with which formal public complaints concerning those persons regulated by the governmental entity have been processed to completion or forwarded to appropriate officials for completion;

     (8)  The extent to which the governmental entity has considered alternative methods by which other jurisdictions have attempted to achieve the same or similar program goals;

     (9)  The extent to which the governmental entity has considered the results of published and unpublished studies of various alternative methods of accomplishing the objectives of the entity;

     (10)  The extent to which the absence of regulation would endanger the public health, safety or welfare;

     (11)  The extent to which regulation directly or indirectly increases the costs of goods or services to the public;

     (12)  The extent to which the regulatory process is designed to protect and promote the public interest and the degree to which that process has attained those objectives;

     (13)  The extent to which the governmental entity has operated in the public interest, and the extent to which its operations have been impeded or enhanced by existing statutory procedures, practices of the department to which it is attached for administrative purposes, or any other relevant circumstances, including budgetary, resource and personnel matters that have affected its performance with respect to its public purpose;

     (14)  The extent to which a need actually exists for the governmental entity to engage in any one (1) of its regulatory activities;

     (15)  The extent to which the statutory requirements of the agency are necessary and are being met;

     (16)  The extent to which the governmental entity possesses clear and specific objectives and purposes;

     (17)  The extent to which the agency has effectively obtained its objectives and purposes and the efficiency with which it has operated;

     (18)  The extent to which the level of regulation exercised by the agency is appropriate and whether less or more stringent levels of regulatory activity would be desirable; and

     (19)  The extent to which changes are necessary in the enabling statutes to adequately comply with the criteria established in this section.

[Acts 1977, ch. 452, § 11; T.C.A., § 4-2912; Acts 1985, ch. 269, § 1.]