Rules & Regulations of the State of Tennessee
Title 1240 - Human Services
Subtitle 1240-06 - Tennessee Business Enterprises
Chapter 1240-06-06 - Removal of Manager
Section 1240-06-06-.04 - DUE PROCESS FOR MANAGERS WHO ARE REMOVED
Current through September 24, 2024
(1) If the manager is not returned to the facility within ten (10) working days of removal from the facility under chapters 1240-6-6-.02 or 1240-6-6-.03, an informal due process hearing by a hearing officer designated by the Commissioner of the Department of Human Services shall be held at the manager's request within the ten (10) day period following removal from the facility. The hearing officer shall not have been involved in the decision to remove the manager.
(2) The purpose of the hearing, which shall be informal in nature, shall be to permit the manager to present reasons why the removal is not appropriate. The Agency shall present reasons to the hearing officer to establish probable cause to support the immediate removal of the manager. The Agency shall have the burden of proof in the hearing.
(3) The hearing officer shall make a ruling immediately following the conclusion of the hearing, reduce the findings and the conclusions to writing, and supply copies of the ruling to the manager or the manager's representative and to the Agency. The hearing report shall become a part of the record in any disciplinary action which is initiated by the Agency involving the manager; provided, however, that the report's findings and conclusions shall not become evidence in such proceeding, which shall be de novo. If the manager is not returned to the facility, the Agency shall proceed in accordance with chapter 1240-6-6-.03 within the ten (10) day period and the manager may appeal for an evidentiary fair hearing pursuant to chapter 1240-6-11.
Authority: T.C.A. §§ 4-5-201 et seq., 49-11-601 et seq., 71-1-104; 71-1-105(12), and 71-4-604(c); 34 C.F.R. § 395 et seq. and 34 C.F.R. § 395.7(c).
