Current through September 24, 2024
(1) The time frames
in State Rule 1240-5-8-.01 are an administrative requirement for the Department
and may not be used as a basis for overturning the Department's action if a
decision is not made within the specified time frame, unless otherwise required
by Federal or State law or Court Order. The time limit applies to the period
extending from the date the request is received by the Department until the
date the Final Order is entered, unless otherwise specified.
(2) State Rule 1240-5-1-.05 sets forth the
time limits for processing appeals for Vocational Rehabilitation
Services.
(3) State Rule
1240-6-11-.02 sets forth the time limits for processing appeals related to the
Randolph Sheppard Act and the Tennessee Business Enterprises Program.
(4) The maximum time limit for processing
appeals is ninety (90) days for the Families First Program and Services
Programs, except as otherwise specified by these rules or laws or regulations
specifically applicable to a program.
(5) Refugee Cash Assistance Program appeals
will be processed within sixty (60) days from the date of the hearing
request.
(6) The maximum time limit
for processing appeals is ninety (90) days for TennCare Standard or TennCare
Medicaid.
(7) Food Stamp Appeals
will be processed within sixty (60) days. The postponement of the scheduled
hearing in Food Stamp Appeals shall not exceed thirty (30) days, and the time
limit for processing the Food Stamp appeal shall be extended because of:
(a) Illness of the appellant;
(b) Delay in obtaining medical evidence;
or
(c) Because of circumstances
beyond the control of the appellant or the Department.
(8)7 C.F.R. § 225.13 governs appeals in
the Summer Food Service Program and the maximum time limit for processing
appeals is nineteen (19) days for the Summer Food Service Program as follows:
(a) The time period allowed for filing the
appeal, where actions are appealable as specified in 7 C.F.R. § 225.13(a),
is ten (10) days from the date on which the notice of action sent by certified
mail return receipt, is received. The appeal must be in writing.
(b) The appellant is allowed to refute the
charges in the notice of action in person, or by filing written documentation
with the review official. If the appeal letter does not specifically request a
hearing, a review of written documentation in lieu of a hearing will occur. To
be considered, written documentation must be submitted by the appellant within
seven (7) days of submitting the appeal. An appellant is allowed the
opportunity to review information upon which the action described in the notice
of action was based.
(c) If the
appellant requested a hearing in the appeal letter, the appellant shall be
given at least five (5) days advance written notice of the hearing date by
certified mail return receipt.
d)
If the appellant requested a hearing in the appeal letter, the hearing will be
conducted within fourteen (14) days of the receipt of the appeal. However, the
hearing will not be held before the appellant's written documentation is
received where the appellant has requested to submit the written documentation.
The appellant may retain legal counsel or may be represented by another
person.
(e) Within five (5) working
days after receiving the written documentation, and where a hearing was not
requested in the appeal letter, the administrative review official, based on a
full review of the administrative record, will inform the appellant, by
certified mail, return receipt requested, of the official's
determination.
(f) Within five (5)
working days after the hearing has been held, when a hearing was requested in
the appeal letter, the hearing official, based on a full review of the
administrative record, will inform the appellant, by certified mail, return
receipt requested, of the official's determination.
(g)7 C.F.R. § 225.13(11) requires the
Program's administrative action to remain in effect during the appeal
process.
(h) Participating sponsors
and sites may continue to operate during an appeal of a termination.
(i) Reimbursement shall be paid for meals
served during the appeal process if the administrative review determination
overturns the Program's administrative action that was appealed.
(j) If the sponsor or site has been
terminated for the reason of imminent dangers to the health or welfare of
children, the operation shall not be allowed to continue during the appeal
process and this reason shall be specified in the notice of action.
(k) The determination made by the hearing
official is the final administrative determination provided under 7 C.F.R.
§ 225.13(12), and will become the Final Order and set forth the time
limits for seeking judicial review.
(9)7 C.F.R. § 226.6(k)(5) governs
appeals described in 7 C.F.R. § 226.6(k)(2) in the Child and Adult Care
Food Program that are subject to administrative review by the state agency and
the maximum time limit for processing appeals is sixty (60) days for the Child
and Adult Care Food Program as follows:
(a)
7 C.F.R.
226.6(k)(9) makes provision
for abbreviated administrative reviews. The administrative review official must
limit the administrative review to a review of written submissions concerning
the accuracy of the Child and Adult Care Food Program's determination if the
application was denied or the Program proposes to terminate an institution's
agreement, because of the circumstances described in
7 C.F.R.
226.6(k)(9)(i) through
(iv).
(b) The time period to file an appeal to
request an administrative review of an action described in 7 C.F.R. §
226.6(k)(2) that is subject to administrative review by the state agency is
fifteen (15) days after the notice of the action to be taken or action
proposed, sent by certified mail return receipt, is received. The appeal
request for administrative review must be in writing.
(c) The receipt of the appeal requesting an
administrative review must be acknowledged by the Department within ten (10)
days of receiving the request. The appellant may retain legal counsel or may be
represented by another person.
(d)
The appellant is allowed to inspect information on which the action was based.
The information must be available for inspection from the date the appeal
request is received.
(e) The
appellant may dispute the findings contained in the notice of action in person,
or by submitting written documentation to the administrative review official.
In order to be considered, written documentation must be submitted to the
administrative review official not later than thirty (30) days after receipt of
the notice of action. If the written request for administrative review does not
specifically request a hearing, a review of written information in lieu of a
hearing will occur.
(f) At least
ten (10) days advance notice of the hearing shall be given, if the appellant
requested a hearing in the written appeal. The service of the advance notice of
the hearing will be in accordance with State Rule 1240-5-4-.01.
(g) The determination of the administrative
review official must be based solely on the information provided by the
Department, the appellant, Federal and State laws, regulations, policies, and
procedures governing the Child and Adult Care Food Program.
(h) The administrative review official must
inform the appellant of the administrative review's outcome within sixty (60)
days of the receipt of the appeal requesting administrative review. This sixty
(60) day time frame is an administrative requirement and may not be used as a
basis for overturning the action if the administrative decision is not made
within this time frame.
(i)7 C.F.R.
§ 226.6(k)(10) requires the Child and Adult Care Food Program's action to
remain in effect during the administrative review. 7 C.F.R. §
226.6(k)(10)(i) through (iii) describes actions of the Department that are
permitted or prohibited during the pendency of the administrative
review.
(j) The determination made
by the administrative review official is the final administrative determination
provided under 7 C.F.R. § 226.6(k)(5)(x) and will become a Final Order and
set forth the time limits for seeking judicial review.
(10) The maximum time limit for processing
appeals is ninety (90) days for the Child Support Program, unless otherwise
specified by the Tennessee Code Annotated or by rule in Chapter
1240-2.
(11) The maximum time for
processing license probation appeals for child care agencies pursuant to T.C.A.
§
71-3-509(b)(2) and
(3) is seven (7) business days following
conclusion of the hearing.
(12) The
maximum time for rendering a decision regarding the Department's assessment of
a child care agency program under the provisions of Chapter 1240-4-7 is thirty
(30) days following the conclusion of the hearing.
(13) The maximum time for processing license
probation appeals for adult day care centers pursuant to T.C.A. §
71-2-409(2) and
(3) is fifteen (15) days following the
receipt of the appeal.
(14)
Hearings on the denial, revocation or restriction of an adult day care center
license shall be held within sixty (60) days of the receipt of the petition
requesting an appeal of the licensing action by the Department.
Authority: T.C.A. §§
4-5-202,
4-5-301,
71-1-105(12),
71-1-111 and
71-4-508; 20 U.S.C. §§
107d-1 and 107b(6); 29 U.S.C. § 722(c); 42 U.S.C. § 1396 et seq. and
42 U.S.C. § 1396a(a)(5); 42 U.S.C. § 1761 and 1766; 7 C.F.R.
§§ 225.13 and 226.6; 7 C.F.R § 225.13(12) and 7 C.F.R. §
226.6(k)(5)(x); 7 C.F.R. § 273.15(c); 34 C.F.R. § 361.57(b)(1)(i),
(e)(1) and (e)(3)(ii), and (g); 34 C.F.R. §§ 395.4 and 395.13; 42
C.F.R. §§ 431.10 and 431.244; 45 C.F.R. § 400.54 and
205.10(a)(16).
