Current through April 3, 2024
(1) The Department shall send a Notice of
Intent to Place on the Registry when it receives information that an individual
has abused, neglected, or misappropriated the property of a vulnerable person.
The Department shall also send such a notice if it receives documentation from
the TBI or other federal, state or local law enforcement agency or any court or
criminal justice agency, substantiating that an offense against a vulnerable
person has been committed by an individual whose name has not already been
placed on the Registry.
(2) The
Notice of Intent to Place sent by the Department shall contain:
(a) The allegations supporting the
determination that the individual has abused, neglected, or misappropriated the
property of a vulnerable person;
(b) Notification that the individual may,
within thirty (30) days of the date of the notice, request an administrative
hearing by submitting a written request to the Tennessee Department of Health,
Office of Health Care Facilities;
(c) Notice that the hearing will be a
contested case hearing which will be conducted by an Administrative Law Judge
or Hearing Officer pursuant to the Tennessee Administrative Procedures Act, set
forth in T.C.A. Title 4, Chapter 5, Section 3 and Tenn. Comp. R. & Regs.
1360-04-01-.01 et seq., and that
the individual may be represented by an attorney at his or her own expense;
and
(d) Notice that if the
individual fails to request a hearing within thirty (30) days, the individual's
name shall be placed on the Registry by default.
(3) If the placement on the Registry is based
on a referral from another state government agency, then the individual being
placed will not be entitled or given opportunity to contest or dispute prior
hearing conclusions, the content or terms of any prior criminal disposition, or
the factual findings upon which the conclusion or disposition are based. Any
hearing offered by the Department shall be limited to the accuracy of the
report that the criminal disposition occurred, hearing conclusions were made,
or any fact issue related to the correct identity of the individual. No such
hearing will be given unless such challenge is made within sixty (60) days of
notification of inclusion on the Registry.
(4) Appeals in contested cases by the
Department.
(a) All appeals in contested cases
shall be conducted in accordance with Uniform Administrative Procedures Act and
rules of the Administrative Procedures Division.
(b) Initial Order. If an Administrative Law
Judge orders an individual placed on the Registry via Initial Order, the
Initial Order becomes a Final Order within fifteen (15) days after entry of the
Initial Order, unless:
1. The individual files
a petition for appeal to the Commissioner or the Commissioner's designee
stating the basis for the appeal within fifteen (15) days after the entry of
the Initial Order. A Final Order will not be issued until the Commissioner or
his designee has reviewed the Initial Order. A petition for appeal to the
Department must be filed with the Administrative Procedures Division of the
Secretary of State; or
2. A party
files a petition for reconsideration of this Initial Order, stating the
specific reasons why the Initial Order was in error, within fifteen (15) days
after the Initial Order's entry. This petition must also be filed with the
Administrative Procedures Division as listed above.
3. A petition for reconsideration is deemed
denied if no action is taken within twenty (20) days of filing.
4. A new fifteen (15) day period for the
filing of an appeal with the Department starts to run from the entry date of an
order disposition of a petition for reconsideration, or from the twentieth
(20th) day after filing of the petition, if no order is issued.
5. A party may petition the Department for a
stay of the Initial Order within seven (7) days after the entry of the Initial
Order.
(c) Final Order.
1. Within fifteen (15) days after the Initial
Order becomes a Final Order, a party may file a petition for reconsideration of
the Final Order with the Commissioner of the Department, or his designee, in
which the petitioner shall state the specific reasons why the Initial Order was
in error.
2. If no action is taken
by the Commissioner or his designee within twenty (20) days of filing of the
petition, it is deemed denied.
(d) Judicial Review.
1. If the individual is aggrieved with the
outcome of a contested case hearing, the individual may seek judicial review of
the Final Order by filing a petition for review in Chancery Court within sixty
(60) days after the entry of a Final Order, or if a petition for
reconsideration is granted, within sixty (60) days of the entry date of the
Final Order disposing of the petition.
2. The filing of a petition for
reconsideration does not extend the sixty (60) day period for judicial review,
if the petition for reconsideration is not granted.
(5) A letter notifying the
individual that the individual has been placed on the Registry will be sent to
the individual's last known mailing address by United States Postal Service
First Class mail and by Certified Mail.
Authority: T.C.A. §§
4-5-301, et seq., 4-5-315, 4-5-316,
4-5-317, 4-5-322, and 68-11-1003; T.C.A. Title 4, Chapter 5, Part 3; Tenn.
Comp. R. & Regs.
1360-04-01-.01, et seq; and
42 C.F.R. §
488.335(d).
