Rules & Regulations of the State of Tennessee
Title 1240 - Human Services
Subtitle 1240-05 - Administrative Procedures Division
Chapter 1240-05-10 - Judicial Review
Section 1240-05-10-.02 - METHOD FOR FILING
Universal Citation: TN Comp Rules and Regs 1240-05-10-.02
Current through September 24, 2024
(1) Proceedings for review are instituted by filing a Petition for Review in a Chancery Court of Tennessee having jurisdiction within sixty (60) days after the Final Order is entered by the hearing official or by the Commissioner or his/her designated representative. Except as provided in paragraph (2), the provisions of T.C.A. § 4-5-322 are applicable to judicial review proceedings.
(2) Judicial Review of Child Support Administrative Decisions.
(a) Except as provided in subparagraph (b),
the judicial review of the administrative hearing decisions of child support
cases heard by the Department of Human Services under T.C.A. §
36-5-1003 shall be conducted by
the court having jurisdiction of the support order provided by T.C.A. §
4-5-322, not by the court in which
the petitioner resides or the Chancery Court of Davidson County, Tennessee as
applicable to petitions for judicial review in contested cases involving other
programs administered by the Department of Human Services.
(b) Venue for Petitions for Judicial Review
in Child Support Cases When No Previous Support Order Exists or an Out-of-State
Order is Being Enforced by the Department of Human Services.
1. If any administrative action of the
Department involving the Title IV-D child support program is not based upon an
existing order of support or paternity, the party seeking judicial review shall
file the Petition for Review of the Department's actions in the chancery court
of the county of the person's residence, or the county where an entity was
served with an administrative subpoena or was notified of a request for
information.
2. If the Department
is enforcing any order of a Title IV-D agency of any other state and there has
been no assumption of jurisdiction of the support order by a Tennessee court,
the Petition for Judicial Review shall be filed in the county of the residence
of the person in Tennessee against whom the request, administrative order or
administrative subpoena is issued or the county where an entity was served with
an administrative order, administrative subpoena or was notified of a request
for information.
(c)
Pursuant to T.C.A. §
36-5-101(f)(1)
and 42 U.S.C.S § 666 (a)(9)(C), no judicial review may result in the
forgiveness or retroactive modification of any child or spousal support
arrearages.
(d) The scope of
judicial review of an administrative decision involving the child support
program shall be limited to the review of the record of the Department's
hearing as otherwise provided in T.C.A. §
4-5-322 for all other cases
involving judicial review of agency administrative actions under the Uniform
Administrative Procedures Act.
Authority: T.C.A. §§ 4-5-202, 4-5-322, 36-5-101(f)(1), 36-5-1003, 71-1-105(12) and 71-1-111; and 42 U.S.C.S § 666 (a)(9)(C).
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
