Section 1240-05-03-.01 - RIGHT TO APPEAL(1) Commencement of Action. A contested case proceeding may be commenced by original agency action, by appeal from an agency action, by request for hearing by an affected person, or by any other lawful procedure.(2) An appellant or his/her authorized representative on his/her behalf, has a right to appeal any adverse administrative action taken by the Department in regard to the assistance or services for which he/she has applied, is receiving, or which has/have been terminated or any other adverse administrative action otherwise affecting a person's status under a program administered by the Department of Human Services. Grievances shall be addressed to the Department's interpretations of the law and the validity and applicability of the policies promulgated under the law as they apply to the appellant's individual factual situation; provided that actions taken pursuant to judicial order or which are the subject of pending judicial proceedings shall not be subject to review by a fair hearing.(3) When any party to an administrative action for child support or related administrative enforcement is dissatisfied with any action taken by the Department of Human Services which is within the discretion and control of the Department of Human Services, and that is listed in T.C.A. §§ 36-5-1001 and 36-5-1002 or which may otherwise be required by law, he/she has the right to timely appeal for a fair hearing by an impartial Department official.(4) Methods of Filing an Appeal. (a) Except as provided in subparagraph (b) below, the appellant or his/her representative may request a hearing by any clear expression, oral or written.(b) Exceptions requiring appeals to be submitted in writing:1. Appeals of the denial, revocation, restriction or probation involving an adult day care center license or the placement of an adult day care center on probation pursuant to T.C.A. § 71-2-401 et seq.;2. Child support-related appeals as required by Title 36, Chapter 5 of the Tennessee Code Annotated;3. Child care agency appeals of license denials, restrictions, revocations, civil penalties and safety plans pursuant to T.C.A. § 71-3-509 which shall be made in writing to the Director of Child Care Licensing and are heard only by the Child Care Agency Board of Review;4. Child care agency appeals of report card assessments pursuant to Chapter 1240-4-7;5. Child care agency license probations and suspensions pursuant to T.C.A. § 71-3-509;6. Summer Food Service Program and Child and Adult Care Food Program appeals as provided in State Rule 1240-5-8-.01(8) and (9); and7. Tennessee Blind Enterprises appeals as provided in State Rule 1240-5-3-.03(1)(j) 2.(5) The Appeals and Hearings Division may process an informal resolution of an appeal as provided in State Rule 1240-5-3-.04(4) and (5).(6) Food Stamp Cases. (a) The Department of Human Services shall offer agency conferences to Food Stamp households that wish to contest a denial of expedited service. The conference shall be scheduled within two (2) working days, unless the household requests that it be scheduled later. The agency conferences shall be attended by an eligibility supervisor and/or the agency director, and by the household and/or its representative.(b) An agency conference may lead to an informal resolution of the dispute. However, a fair hearing must still be held unless the household makes a written withdrawal of its request for a hearing, unless the withdrawal is made as provided in 1240-5-3-.04(4).Tenn. Comp. R. & Regs. 1240-05-03-.01
Original rule filed January 19, 1977; effective February 18, 1977. Amendment filed December 17, 1982; effective March 16, 1983. Amendment filed February 26, 2007; effective May 12, 2007.Authority: T.C.A. §§ 4-5-102, 4-5-202, 36-5-1001, 36-5-1002, 71-1-105(12), 71-1-111 and 71-1-132; 71-3-502; 71-3-509; Chapter 1240-4-7; 7 C.F.R. § 273.15; 45 C.F.R. § 205.10; and 42 C.F.R. §§ 431.220 and 431.221.