(1) Basis for hearings.
(a) Fair hearings providing due process for
the resolution of appeals of decisions of the Tennessee Department of Human
Services affecting persons receiving services or assistance or child support
services from the Department are required by Federal and/or State law,
regulations and Goldberg v. Kelly,
397 U.S.
254,
90 S.Ct. 2011 (1970) for:
1. The Supplemental Nutrition Assistance
Program (SNAP) at 7 U.S.C.
§§
2020 and
2025 and at
7 C.F.R. §
273.15;
2. Temporary Assistance to Needy Families
(TANF/Families First) pursuant to Title IV-A of the Social Security Act
[42 U.S.C. §§
601 et seq.] and
45 C.F.R. §
205.10;
3. Social Services in Title XX of the Social
Security Act, pursuant to 42
U.S.C. §
1397 and
42 U.S.C. § 9901 and Federal
regulations applicable to individual programs;
4. Services for the blind pursuant to the
Randolph-Sheppard Act pursuant to
20 U.S.C. §
107b(6) and
34 C.F.R. §§ 395 et
seq.;
5. Vocational rehabilitation
services pursuant to the Rehabilitation Act of 1973, as amended,
29 U.S.C. §§
701 et seq., 720 et seq., and 722 et seq. and
34 C.F.R. §§ 361 et seq.;
6. Child support services pursuant to Title
IV-D of the Social Security Act at
42 U.S.C. §§
651 et seq. and in Tennessee Code Annotated
Title 36, Chapter 5, Part 10;
7.
Summer Food Service Program pursuant to
42 U.S.C. §
1761 and
7 C.F.R. § 225.13;
8. Child and Adult Care Food Program pursuant
to 42 U.S.C. §
1766 and
7 C.F.R. § 226.6;
9. Child care agency report card assessments
pursuant to Chapter 1240-04-07;
10.
Child care agency license probations and suspensions pursuant to T.C.A. §
71-3-509;
11. Criminal history exclusions for persons
having access to children in child care agencies or having access to adults in
adult day care centers pursuant to T.C.A. §§
71-2-403(a) and
71-3-509(e) and
(f);
12. Adult day care licensing actions pursuant
to T.C.A. §§
71-2-401 et seq.; and
13. Any other programs to which due process
requirements may apply.
(b) Authority for Contested Case Hearings.
1. The Commissioner of Human Services has
authority to conduct or cause to be conducted hearings for fact determinations
that the Department is authorized or required to make. The commissioner, and
any officer or employee of the Department upon written authorization from the
commissioner, has the power to administer oaths and affirmations, take
depositions, issue subpoenas, and require the production of any books and
records that may be necessary. Hearings involving the programs providing
services and assistance from the Department of Human Services shall be
conducted pursuant to the contested case provisions of the Administrative
Procedures Act, Tennessee Code Annotated, Section
4-5-301 et seq., except as
otherwise required by law or regulation.
2. The Commissioner of Human Services is
specifically authorized to designate a hearing official in the Department of
Human Services pursuant to T.C.A. §
71-1-111 or a hearing official of
the Department of State Administrative Procedures Division, to conduct
contested case proceedings.
