Rules & Regulations of the State of Tennessee Title 0785 - Commission of Indian Affairs
Title 0785 of the Rules & Regulations of the State of Tennessee, concerning the Commission of Indian Affairs, is a unique case among state regulations.
It has been expired and repealed by sunset action of the Legislature.
This means that the Tennessee Commission of Indian Affairs, which was established to serve the needs of the state's Native American community, ceased to exist as a state agency on June 30, 2010, pursuant to the sunset provisions of Tennessee Code Annotated (T.C.A.) § 4-29-230(a)(14).
Therefore, while you can find historical information about what the Commission's rules (Chapter 0785-01) entailed, they are no longer in effect.
What the Regulations Historically Covered (based on past versions):
Even though they are repealed, it's worth understanding what the regulations for the Commission of Indian Affairs typically covered, as it gives insight into its former functions:
Recognition Criteria: A primary function of the Commission was to establish procedures for the official state recognition of Native American nations, tribes, groups, communities, and individuals within Tennessee. The regulations detailed criteria for this recognition, including:
For Nations, Tribes, or Communities: Indigenous to Tennessee, historical identification as Native American, maintenance of a distinct community, verifiable descent from historical tribes, and maintenance of tribal political influence or authority.
For Individuals: Residency requirements, documentation of Native American ancestry (e.g., roll numbers from state or federally-recognized tribes, birth certificates, lineal descent from recognized individuals, family trees, or affidavits with supporting historical documents).
Procedures for Petitioning for Recognition: Outlined the process for groups and individuals to apply for state recognition.
Changes in Membership Rolls: Rules regarding how recognized groups should notify the Commission of changes to their membership.
Administrative Review: Procedures for review of decisions made by the Commission.
Administrative Procedures: General rules regarding meetings, agenda setting, public comments, and internal governance of the Commission.
Why it "Expired by Sunset Action":
Many state agencies in Tennessee are subject to "sunset laws" (often part of the Tennessee Regulatory Flexibility Act or "Sunset Law"). These laws require state agencies to be re-authorized by the legislature after a certain period. If an agency is not re-authorized, its legal authority expires, and it ceases to exist. In the case of the Tennessee Commission of Indian Affairs, it was not re-authorized in 2010.
Current Status:
Because Title 0785 is expired, there are no active "Rules & Regulations of the State of Tennessee, Title 0785 - Commission of Indian Affairs." Any interaction or recognition of Native American groups in Tennessee by the state would now fall under different laws or agencies, or would be a matter of federal recognition.
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