Rules & Regulations of the State of Tennessee
Title 1240 - Human Services
Subtitle 1240-05 - Administrative Procedures Division
Chapter 1240-05-14 - Intentional Program Violations
Section 1240-05-14-.05 - WAIVED HEARINGS

1. The date that the signed waiver must be received by the Department to avoid the holding of a hearing and a signature block for the accused individual, along with a statement that the head of household must also sign the waiver if the accused individual is not head of the household with an appropriately designated signature block;

2. A statement of the accused individual's right to remain silent concerning the charge(s), and that anything said or signed by the individual concerning the charge(s) can be used against him/her in a court of law;

3. The fact that a waiver of the disqualification hearing will result in disqualification and a reduction in benefits for the period of disqualification even if the accused individual does not admit to the facts as presented by the Department;

4. An opportunity for the accused to specify whether or not he/she admits to the facts as presented by the agency. This opportunity shall consist of the following statements and a method for the individual to designate his/her choice:

5. The telephone number and name of the person to contact for additional information; and

6. The fact that the disqualified individual and/or the remaining household members, if any, will be held responsible for repayment of the resulting claim.

1. The disqualification penalties outlined in paragraph (1) of 1240-05-14-.01 shall apply only to individuals for acts of intentional program violation which occurred either during a certification period based on an application form containing these penalties or after receipt of written notification from the Department of these penalties. If the act of intentional program violation which led to the disqualification occurred prior to written notification of these disqualification penalties, the household member shall be disqualified in accordance with the disqualification periods in effect at the time of the rendering of such determination. However, no disqualification penalty may be imposed which is contrary to court order.

2. Appropriate disqualification penalties (as outlined in paragraph (1) of 1240-05-14-.01) shall be imposed (unless contrary to court order) on household members in the following instances:

3. The same act of intentional program violation repeated over a period of time shall not be separated so that separate penalties can be imposed.

4. No further administrative appeal procedure exists after an individual waives his/her right to an administrative disqualification hearing and a disqualification penalty has been imposed. The disqualification penalty cannot be reversed by a subsequent fair hearing decision. The household member, however, is entitled to seek relief in a court of appropriate jurisdiction. The period of disqualification may be subject to stay by a court of appropriate jurisdiction or other injunctive remedy.

5. Once a disqualification penalty has been imposed against an individual, the period of disqualification shall continue uninterrupted until completed regardless of eligibility of the disqualified member's household. The disqualified member's household shall continue to be responsible for repayment of the overissuance which resulted from the disqualified member's intentional program violation, regardless of its eligibility for benefits.