Tenn. Comp. R. & Regs. 1240-05-01-.03

Current through December 18, 2024

Section 1240-05-01-.03 - LEGAL BASE

(1) Basis for hearings.

(a) Fair hearings providing due process for the resolution of appeals of decisions of the Tennessee Department of Human Services affecting persons receiving services or assistance or child support services from the Department are required by Federal and/or State law, regulations and Goldberg v. Kelly, 397 U.S. 254, 90 S.Ct. 2011 (1970) for:

1. The Supplemental Nutrition Assistance Program (SNAP) at 7 U.S.C. §§ 2020 and 2025 and at 7 C.F.R. § 273.15;

2. Temporary Assistance to Needy Families (TANF/Families First) pursuant to Title IV-A of the Social Security Act [42 U.S.C. §§ 601 et seq.] and 45 C.F.R. § 205.10;

3. Social Services in Title XX of the Social Security Act, pursuant to 42 U.S.C. § 1397 and 42 U.S.C. § 9901 and Federal regulations applicable to individual programs;

4. Services for the blind pursuant to the Randolph-Sheppard Act pursuant to 20 U.S.C. § 107b(6) and 34 C.F.R. §§ 395 et seq.;

5. Vocational rehabilitation services pursuant to the Rehabilitation Act of 1973, as amended, 29 U.S.C. §§ 701 et seq., 720 et seq., and 722 et seq. and 34 C.F.R. §§ 361 et seq.;

6. Child support services pursuant to Title IV-D of the Social Security Act at 42 U.S.C. §§ 651 et seq. and in Tennessee Code Annotated Title 36, Chapter 5, Part 10;

7. Summer Food Service Program pursuant to 42 U.S.C. § 1761 and 7 C.F.R. § 225.13;

8. Child and Adult Care Food Program pursuant to 42 U.S.C. § 1766 and 7 C.F.R. § 226.6;

9. Child care agency report card assessments pursuant to Chapter 1240-04-07;

10. Child care agency license probations and suspensions pursuant to T.C.A. § 71-3-509;

11. Criminal history exclusions for persons having access to children in child care agencies or having access to adults in adult day care centers pursuant to T.C.A. §§ 71-2-403(a) and 71-3-509(e) and (f);

12. Adult day care licensing actions pursuant to T.C.A. §§ 71-2-401 et seq.; and

13. Any other programs to which due process requirements may apply.

(b) Authority for Contested Case Hearings.

1. The Commissioner of Human Services has authority to conduct or cause to be conducted hearings for fact determinations that the Department is authorized or required to make. The commissioner, and any officer or employee of the Department upon written authorization from the commissioner, has the power to administer oaths and affirmations, take depositions, issue subpoenas, and require the production of any books and records that may be necessary. Hearings involving the programs providing services and assistance from the Department of Human Services shall be conducted pursuant to the contested case provisions of the Administrative Procedures Act, Tennessee Code Annotated, Section 4-5-301 et seq., except as otherwise required by law or regulation.

2. The Commissioner of Human Services is specifically authorized to designate a hearing official in the Department of Human Services pursuant to T.C.A. § 71-1-111 or a hearing official of the Department of State Administrative Procedures Division, to conduct contested case proceedings.

(2) Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, prohibits discrimination in the provision of assistance or services to applicants, recipients, or beneficiaries because of their race, color, or national origin.

(3) The Tennessee Uniform Administrative Procedures Act, as amended, T.C.A. §§ 4-5-101 et seq., and T.C.A. §§ 4-5-201 et seq. provides for the use of uniform procedures for agency rulemaking.

(4) The Tennessee Uniform Administrative Procedures Act, as amended, T.C.A. §§ 4-5-301 et seq., requires the use of uniform procedures for the conduct of hearings on appeals held by all state agencies of Tennessee.

Tenn. Comp. R. & Regs. 1240-05-01-.03

Original rule filed January 19, 1977; effective February 18, 1977. Amendment filed December 17, 1982; effective March 16, 1983. Repeal and new rule filed September 30, 2004; effective December 14, 2004. Amendment filed February 26, 2007; effective May 12, 2007. Amendments filed November 7, 2022; effective 2/5/2023.

Authority: T.C.A. §§ 4-5-101, 4-5-201 et seq., 4-5-301, 36-5-701 et seq., 36-5-1001-1003, 71-1-105(a)(12), 71-1-111, and 71-3-101 et seq.; 7 U.S.C. §§ 2014, 2015, 2020(e)(10), and 2025; 20 U.S.C. § 107b; 29 U.S.C. §§ 701 et seq., 720 et seq., and 722 et seq.; 42 U.S.C. §§ 601 et seq.; 42 U.S.C. §§ 651 et seq.; 42 U.S.C. § 1396; 42 U.S.C. § 1397; 42 U.S.C. §§ 1761 and 1766; 42 U.S.C. § 6851; 42 U.S.C. § 8624(b)(13); 42 U.S.C. § 9901; 34 C.F.R. §§ 361 et seq.; 34 C.F.R. §§ 395 et seq.; and 10 C.F.R. § 440.1.