(1) Every applicant
for or recipient of services shall be informed at the time of application and
at the time of any action affecting his/her claim to assistance or services:
(a) Of his/her right to a fair
hearing;
(b) Of the method by which
he/she may obtain a hearing; and
(c) Of his/her right to be represented by an
authorized representative, such as legal counsel, relative, or friend.
Information and referral services shall be provided to help claimants make use
of any legal services available in the community that can provide legal
representation at the hearing.
(2) Advance written notification.
(a) Notice of intended action to discontinue,
terminate, suspend, or reduce assistance or services shall be given in writing
to recipients:
1. In the Families First
Program (including Refugee Cash Assistance) and the Food Stamp Program a
minimum of ten (10) days in advance before the date of intended action;
and
2. In the Medicaid Program
under Title XIX of the Social Security Act ( 42 U.S.C. § 1396 et seq.),
including TennCare Standard, a minimum of ten (10) days in advance before the
date of intended action; provided, however, any determinations to discontinue,
terminate, suspend or reduce TennCare/Medicaid services, including TennCare
Standard, must also comply with any other of these rules, or any applicable
rules of the TennCare Bureau regarding notices relating to discontinuance,
termination, suspension or reduction of TennCare/Medicaid services.
(b) Advance written notification
of intended action in Vocational Rehabilitation Services cases is governed by
State Rule 1240-5-1-.05(2) - (4).
(c) Notice of Appeal Rights in Child Support
Administrative Actions.
Unless advance notice is not permitted by federal or state
law, the obligor, obligee, or other caretaker of a child in a child support
case that is subject to administrative action and that is being enforced by the
Department under Title IV-D of the Social Security Act shall be given at least
ten (10) days advance notice. The notice shall contain information regarding
the time frames for appeal and how to file an appeal as set forth by statute
and Department child support regulations.
(d) Notice of administrative actions
affecting licenses of adult day care centers shall be provided pursuant to
T.C.A. §§
71-2-406 and
71-2-408 and Chapter
1240-7-10.
(e) Notice of
administrative actions affecting licenses of child care agencies shall be
provided pursuant to T.C.A. §
71-3-509 and Chapter 1240-4-5 and
Chapter 1240-5-13.
(f) The notices
of action for the Child and Adult Care Food Program are governed by the Federal
regulation at 7 C.F.R. Part 226.6.
(g) The notices of action for the Summer Food
Service Program are governed by the Federal regulation at 7 C.F.R. Part
225.
(h) For the Adult and
Community Service Programs listed in these rules at 1240-5-3-.03(1)(a) part 1,
notice of action or notice of intended action shall be provided a minimum of
ten (10) days in advance, unless required to be otherwise under Federal or
State statute or regulation.
(i)
Notice of intended action in the Tennessee Business Enterprises Program shall
be provided a minimum of ten (10) days in advance, unless required to be
otherwise under Federal or State statute or regulation.
(j) Notice of intended action to discontinue,
terminate, suspend, or reduce assistance or services or to take administrative
actions involving persons subject to the Department's jurisdiction in any other
programs, shall be given a minimum of ten (10) days in advance before the date
of intended action, unless the notice is required to be otherwise under Federal
or State statute or regulation or court order.
