The following agency actions are exempt from this chapter:

(1) The collection and payment of social security funds, retirement funds or employee benefit funds;

Terms Used In Tennessee Code 4-33-106

  • Agency: means every department or organization described in chapter 3 of this title. See Tennessee Code 4-33-103
  • Agency action: includes any action by an agency or subdivision thereof that may have substantial economic impact upon any person. See Tennessee Code 4-33-103
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(2) Participation in any federal program, if under federal law the participation would be prevented by compliance with this chapter;
(3) All emergency rules, or emergency purchases, if the governor agrees that an emergency exists and that a timely economic impact statement could not be prepared, but within a reasonable period of time after the action, an appropriate economic impact statement shall be prepared;
(4) All legislative actions;
(5) All purchases by any state agency that have a fair market value or monetary value that is less than twenty-five thousand dollars ($25,000);
(6) Ministerial action by an agency that complies with applicable statutes and rules; provided, however, this exemption does not include an agency action where the contracting of services is considered or used instead of state employees;
(7) Action by a state agency that is required by law to be maintained as confidential;
(8) The preparation and sale of all bonds that are processed by the state funding board;
(9) Expenditures of money from trust funds that previously have been designed by the general assembly for a specific purpose;
(10) The prosecution of civil, criminal or administrative actions before any court or before an administrative hearing officer; and
(11) Actions involving persons in the custody of the state voluntarily or under court order.
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