Rules & Regulations of the State of Tennessee
Title 1240 - Human Services
Subtitle 1240-05 - Administrative Procedures Division
Chapter 1240-05-01 - Introduction
Section 1240-05-01-.01 - APPEALS
Universal Citation: TN Comp Rules and Regs 1240-05-01-.01
Current through September 24, 2024
(1) General Rule.
(a) When an appellant is dissatisfied with
any adverse administrative action taken by the Department of Human Services,
including failure to act upon a request or application within required time
frames, which is within the discretion and control of the Department of Human
Services, unless otherwise directed or limited by law or regulation, or unless
waived, he/she has the right to timely appeal for a fair hearing conducted by
an impartial Department official or by a hearing official with the Department
of State, at the designation of the Commissioner of Human Services.
(Proceedings involving Families First and Supplemental Nutrition Assistance
Program Intentional Program Violations are set forth under Department of Human
Services State Rules at Chapters 1240-05-14 and 1240-05-15.)
(b) Vocational Rehabilitation Services
Appeals.
1. Appeals of decisions of the
Division of Rehabilitation Services affecting Vocational Rehabilitation
Services appellants and the designation of a hearing official are specifically
governed by State Rule
1240-05-01-.05.
2. The conduct of appeals for the Vocational
Rehabilitation Program under this Chapter and under the Administrative
Procedures Act shall be subject to the procedural provisions contained in Rule
1240-05-01-.05 because of
specific provisions of Federal law and regulations governing that program, and
the provisions of this Chapter and the Administrative Procedures Act are
applicable only to the extent that there is no conflict with the provisions of
Chapter 1240-05-01-.05, and any
conflicting provisions of this Chapter and the Administrative Procedures Act
shall be resolved by reference to Chapter
1240-05-01-.05.
(c) Summer Food Service Program pursuant to
42 U.S.C. §
1761 and
7 C.F.R. § 225.13.
1. Appeals of decisions of the Department of
Human Services affecting the Summer Food Service Program and the designated
hearing official are specifically governed by the Federal enabling statute and
rules found at 42 U.S.C.
§
1761 and
7 C.F.R. § 225.13.
2. The conduct of appeals for the Summer Food
Service Program under this Chapter and under the Administrative Procedures Act
shall be subject to the specific provisions of Federal law and regulations
governing that program, and the provisions of this Chapter and the
Administrative Procedures Act are applicable only to the extent that there is
no conflict with the provisions of
42 U.S.C. §
1761 and
7 C.F.R. §
225.13.
(d) Child and
Adult Care Food Program pursuant to
42 U.S.C. §
1766 and
7 C.F.R. § 226.6.
1. Appeals of decisions of the Department of
Human Services affecting the Child and Adult Care Food Program and the
designated hearing official are specifically governed by the Federal enabling
statute and rules found at 42 U.S.C. §
1766 and
7 C.F.R. § 226.6.
2. The conduct of appeals for the Child and
Adult Care Food Program under this Chapter and under the Administrative
Procedures Act shall be subject to the specific provisions of Federal law and
regulations governing that program, and the provisions of this Chapter and the
Administrative Procedures Act are applicable only to the extent that there is
no conflict with the provisions of
42 U.S.C. §
1766 and
7 C.F.R. §
226.6.
(e) Child Care
Agency Licensing Appeals.
1. Child care agency
appeals of adverse administrative actions by the Department pursuant to T.C.A.
§
71-3-509 involving denials,
revocations or restrictions of a child care agency's license and civil
penalties or safety plans involving child care agencies are heard only by the
Child Care Agency Board of Review pursuant to T.C.A. §§71-3-509-510
and Chapters 1240-04-05 and 1240-05-13.
(2) When any party to an adverse administrative action for child support or related administrative enforcement of child support is dissatisfied with any administrative action taken by the Department of Human Services which is within the discretion and control of the Department of Human Services, that is listed in T.C.A. §§ 36-5-1001 and 36-5-1002, or which is otherwise required to have due process procedures for administrative actions affecting the party, he/she has the right to timely appeal for a fair hearing by an impartial Department official.
(3) Administrative actions taken by the Department of Human Services pursuant to judicial order or which are the subject of pending judicial proceedings shall not be subject to review by a fair hearing.
Authority: T.C.A. §§ 4-5-101, 4-5-202, 4-5-301, 36-5-1001, 36-5-1002, 71-1-105(a)(12), and 71-1-111.
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