Section 1240-05-05-.02 - AUTHORITY(1) The hearing official shall have the authority to do the following:(a) Schedule and conduct the hearing;(d) Rule upon offers of proof;(e) Regulate the course of the hearing;(f) Set the time and place for continued hearings;(g) Enter an Initial Order stating his/her decision;(h) Rule on petitions for reconsideration of the Initial Order; and(i) Perform those duties or take those actions that are otherwise appropriate and necessary for the fair, timely and adequate administration of the administrative hearing process.(2) Except for issues of subject matter jurisdiction, no hearing official, shall, on the hearing official's own motion, raise and determine issues that were not raised in the notice of hearing, or which were not raised and tried in the course of the hearing without objection of the parties.(3) Pursuant to T.C.A. § 36-5-101(f)(1) and 42 U.S.C.S § 666 (a)(9)(C), a hearing official is not authorized to forgive or retroactively modify any child/spousal support arrearages in a hearing considering an appeal of administrative action by the Department of Human Services in the Child Support program.Tenn. Comp. R. & Regs. 1240-05-05-.02
Original rule filed January 19, 1977; effective February 18, 1977. Amendment filed July 10, 1980; effective August 25, 1980. Amendment filed December 17, 1983; effective March 16, 1983. amendment filed February 26, 2007; effective May 12, 2007.Authority: T.C.A. §§ 4-5-202, 4-5-223, 36-5-101(f)(1), 71-1-105(12), 71-1-111, 71-5-105 and 71-5-109; 7 C.F.R. § 273.15(g); 42 U.S.C.S § 666 (a)(9)(C), 42 C.F.R. § 431.220 and 42 C.F.R. § 431.221; and 45 C.F.R. § 205.10(a)(5)(iii).