Rules & Regulations of the State of Tennessee
Title 1240 - Human Services
Subtitle 1240-05 - Administrative Procedures Division
Chapter 1240-05-05 - The Hearing Official
Section 1240-05-05-.02 - AUTHORITY

Universal Citation: TN Comp Rules and Regs 1240-05-05-.02

Current through September 24, 2024

(1) The hearing official shall have the authority to do the following:

(a) Schedule and conduct the hearing;

(b) Administer oaths;

(c) Issue subpoenas;

(d) Rule upon offers of proof;

(e) Regulate the course of the hearing;

(f) Set the time and place for continued hearings;

(g) Enter an Initial Order stating his/her decision;

(h) Rule on petitions for reconsideration of the Initial Order; and

(i) Perform those duties or take those actions that are otherwise appropriate and necessary for the fair, timely and adequate administration of the administrative hearing process.

(2) Except for issues of subject matter jurisdiction, no hearing official, shall, on the hearing official's own motion, raise and determine issues that were not raised in the notice of hearing, or which were not raised and tried in the course of the hearing without objection of the parties.

(3) Pursuant to T.C.A. § 36-5-101(f)(1) and 42 U.S.C.S § 666 (a)(9)(C), a hearing official is not authorized to forgive or retroactively modify any child/spousal support arrearages in a hearing considering an appeal of administrative action by the Department of Human Services in the Child Support program.

Authority: T.C.A. §§ 4-5-202, 4-5-223, 36-5-101(f)(1), 71-1-105(12), 71-1-111, 71-5-105 and 71-5-109; 7 C.F.R. § 273.15(g); 42 U.S.C.S § 666 (a)(9)(C), 42 C.F.R. § 431.220 and 42 C.F.R. § 431.221; and 45 C.F.R. § 205.10(a)(5)(iii).

Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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