Rules & Regulations of the State of Tennessee
Title 0465 - Intellectual and Developmental Disabilities
Subtitle 0465-03 - Office of Administrative Appeals
Section 0465-03-.09 - REQUESTS FOR FILE REVIEWS CHALLENGING SUBSTANTIATIONS

(1) An appellant requesting a file review challenging a Class I substantiation or three (3) or more Class II substantiations in separate investigations for incidents occurring or discovered within a twenty-four (24) month period and who has received a notice of the type specified in Rule 0465-03-01-.07(2) may request a file review of the substantiation(s).

(2) A person who elects to take no action, or who fails to respond timely to the notice, waives the right to a file review but does not waive the right to request a hearing challenging the substantiation(s) and/or referral by the ARRC for placement of the person's name on the Abuse Registry after the ARRC meeting at which that substantiation(s) was considered.

(3) An appellant requesting a file review may submit any documentation or other evidence that he/she wishes to have considered by the reviewing official. Such material should be submitted no later than fifteen (15) calendar days following the date of the notice containing the information required by Rule 0465-03-01-.07(2), unless a longer period is requested by the appellant prior to the expiration of the deadline and is approved by the reviewing official.