Section 1240-05-03-.02 - INFORMATION REGARDING RIGHT TO APPEAL(1) Every applicant for or recipient of services shall be informed at the time of application and at the time of any action affecting his/her claim to assistance or services: (a) Of his/her right to a fair hearing;(b) Of the method by which he/she may obtain a hearing; and(c) Of his/her right to be represented by an authorized representative, such as legal counsel, relative, or friend. Information and referral services shall be provided to help claimants make use of any legal services available in the community that can provide legal representation at the hearing.(2) Advance written notification. (a) Notice of intended action to discontinue, terminate, suspend, or reduce assistance or services shall be given in writing to recipients:1. In the Families First Program (including Refugee Cash Assistance) and the Food Stamp Program a minimum of ten (10) days in advance before the date of intended action; and2. In the Medicaid Program under Title XIX of the Social Security Act ( 42 U.S.C. § 1396 et seq.), including TennCare Standard, a minimum of ten (10) days in advance before the date of intended action; provided, however, any determinations to discontinue, terminate, suspend or reduce TennCare/Medicaid services, including TennCare Standard, must also comply with any other of these rules, or any applicable rules of the TennCare Bureau regarding notices relating to discontinuance, termination, suspension or reduction of TennCare/Medicaid services.(b) Advance written notification of intended action in Vocational Rehabilitation Services cases is governed by State Rule 1240-5-1-.05(2) - (4).(c) Notice of Appeal Rights in Child Support Administrative Actions. Unless advance notice is not permitted by federal or state law, the obligor, obligee, or other caretaker of a child in a child support case that is subject to administrative action and that is being enforced by the Department under Title IV-D of the Social Security Act shall be given at least ten (10) days advance notice. The notice shall contain information regarding the time frames for appeal and how to file an appeal as set forth by statute and Department child support regulations.
(d) Notice of administrative actions affecting licenses of adult day care centers shall be provided pursuant to T.C.A. §§ 71-2-406 and 71-2-408 and Chapter 1240-7-10.(e) Notice of administrative actions affecting licenses of child care agencies shall be provided pursuant to T.C.A. § 71-3-509 and Chapter 1240-4-5 and Chapter 1240-5-13.(f) The notices of action for the Child and Adult Care Food Program are governed by the Federal regulation at 7 C.F.R. Part 226.6.(g) The notices of action for the Summer Food Service Program are governed by the Federal regulation at 7 C.F.R. Part 225.(h) For the Adult and Community Service Programs listed in these rules at 1240-5-3-.03(1)(a) part 1, notice of action or notice of intended action shall be provided a minimum of ten (10) days in advance, unless required to be otherwise under Federal or State statute or regulation.(i) Notice of intended action in the Tennessee Business Enterprises Program shall be provided a minimum of ten (10) days in advance, unless required to be otherwise under Federal or State statute or regulation.(j) Notice of intended action to discontinue, terminate, suspend, or reduce assistance or services or to take administrative actions involving persons subject to the Department's jurisdiction in any other programs, shall be given a minimum of ten (10) days in advance before the date of intended action, unless the notice is required to be otherwise under Federal or State statute or regulation or court order.Tenn. Comp. R. & Regs. 1240-05-03-.02
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. §§ 4-5-202, 4-5-301, 36-5-701 et seq., 36-5-1001 - 1003, 71-1-105(12), 71-2-401 et seq., 71-3-154, 71-3-509, 71-4-508, 71-4-610, 71-5-106, 71-5-110 and 71-5-305; 7 U.S.C. §§ 2014, 2015, 2020(e)(10); 20 U.S.C. § 107b(6) and 107d-1; 29 U.S.C. § 722(a)(5) and (c)(2); 42 U.S.C. §§ 601 et seq.; 42 U.S.C. §§ 651 et seq.; 42 U.S.C. § 1397; 42 U.S.C. §§ 1396 et seq.; 42 U.S.C. §§ 1761 and 1766; 42 U.S.C. § 6851; 42 U.S.C. § 8624; 42 U.S.C. § 9901; 7 C.F.R. § 225.13(b)(1) and 226.6(k)(5)(i) and 226.6(l)(2); 7 C.F.R. § 273.13(a)(1); 34 C.F.R. § 361.57(b)(2)(iv) and (b)(4); 34 C.F.R. § 395 et seq.; 42 C.F.R. § 431.211; 45 C.F.R. § 205.10(a)(4)(i)(A); 45 C.F.R. § 400.54 and 10 C.F.R. § 440.1.