Tenn. Code Ann. § 58-2-118
Orders and rules
- (a) Upon being authorized by the governor, TEMA, or other state department or agency, the political subdivisions of the state and other agencies designated or appointed by the governor, or in the TEMP, are authorized and empowered to make, amend, and rescind such orders and rules as are necessary for emergency management purposes and to supplement the carrying out of this chapter, but which are not inconsistent with any orders or rules adopted by an EMA or by any state agency exercising a power delegated to it by the governor or the agency.
- (b) In order to attain uniformity so far as practicable throughout the country in measures taken to aid emergency management, all action taken under this chapter and all orders and rules made pursuant to such sections shall be taken or made with due consideration of the orders, rules, actions, recommendations, and requests of federal authorities relevant thereto and, to the extent permitted by law, shall be consistent with such orders, rules, actions, recommendations, and requests.
Acts 2000, ch. 946, § 1.
Notes of Decisions
Cited in 2
cases, 2003–2003 · leading case: Thames Shipyard & Repair Co. v. United States
Thames Shipyard & Repair Co. v. United States (2003)
“At sea, however, a captain’s expertise regarding his ship places him in the best position to determine the actual peril of his vessel and how best to save it.”
Thames Shipyard v. United States (2003)
“309; Tenn. Code Ann. § 58-2-118 . On land, it may be presumed that a trained law enforcement official has more knowledge than an average person about an impending emergency, such as a storm or a fire.”
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