Section 1240-05-15-.03 - DISQUALIFICATION HEARINGS PROCEDURES(1) Scope. Administrative Disqualification Hearings held under this Chapter shall be conducted by one of this Department's hearing officials pursuant to T.C.A. § 4-5-301(a)(2) and (c) and Chapter 1240-05-05, or by administrative judges employed with the Secretary of State under T.C.A. § 4-5-301(d) if agreement between the two departments is reached. Said hearing official or administrative judge shall be impartial with no previous involvement in the intentional program violation cases before him or her.(2) Consolidation of Actions. An administrative disqualification hearing conducted under this Chapter may be consolidated with an individual's Fair Hearing governed by 45 C.F.R. § 205.10 and must be consolidated with a SNAP administrative disqualification hearing under 7 C.F.R. Part 273, where the circumstances which give rise to the hearing are the same or related, and where the individual receives prior notice of the consolidation. The Department may designate the same hearing official to preside at such a consolidated hearing.(3) Continuance of Hearing. (a) An accused individual or representative may request a continuance of the hearing provided that the request is made ten (10) days prior to the scheduled hearing.(b) The hearing may not be continued for more than thirty (30) days.(c) The hearing official may limit the number of continuances to one.(4) Medical Assessments. Medical assessments shall be obtained at the Department's expense and made a part of the hearing record, if the hearing official deems it necessary.(5) Individual's Rights to Discovery and Presentation of Case. The accused individual or his/her representative shall have adequate opportunity to:(a) Examine the contents of his/her case file and all documents and records to be used by the agency at the hearing, at a reasonable time before the date of the hearing, and during the hearing;(b) Present his/her case alone or with the aid of an authorized representative, to bring witnesses, establish all pertinent facts and circumstances, and to advance any arguments without undue influence; and(c) Question or refute any testimony or evidence, including the opportunity to confront and cross-examine adverse witnesses.(6) Hearing Decisions.(a) Hearing Officials shall enter Initial Orders pursuant to T.C.A. § 4-5-314 and rule 1240-05-05-.04 after conducting administrative disqualification hearings, and such Initial Order shall be based exclusively on evidence and other material introduced at the hearing.(b) The Initial Order entered in such cases shall become this Department's Final Order unless the Initial Order is reviewed under T.C.A. § 4-5-315. An individual found to have committed an intentional program violation shall be informed within the Initial Order of his/her rights to request reconsideration of, or to appeal said Initial Order.(c) The Initial Order of the Commissioner, or his/her designated representative, must be entered in such administrative disqualification hearings within ninety (90) days of the date of the advance written notice referred to in rule 1240-05-15-.02(1)(a) unless a continuance has been granted for good cause shown.(d) The Department's Initial Order which finds that an accused individual committed an intentional program violation shall inform the individual of the decision and the reason for the decision.Tenn. Comp. R. & Regs. 1240-05-15-.03
Original rule filed April 15, 1993; effective May 30, 1993. Amendment filed February 26, 2007; effective May 12, 2007. Amendments filed November 7, 2022; effective 2/5/2023.Authority: T.C.A. §§ 4-5-202, 71-1-105(a)(12), and 71-3-120; 42 U.S.C. § 616; and 45 C.F.R. § 235.110.