Section 1240-06-11-.01 - ADMINISTRATIVE REVIEW(1) A manager who is dissatisfied with any action arising from the operation or administration of TBE may ask for a review of the action by filing a written request within thirty (30) days of the Agency's action with the Director of Services for the Blind and Visually Impaired with the Department of Human Services, or the manager may file an appeal pursuant to chapter 1240-6-11-.02. If the manager elects to have a review conducted by the Director of Services for the Blind and Visually Impaired, the written request for such review, which may be filed by the manager or a chosen representative, must specify the action(s) to be reviewed and the reason(s) for the manager's dissatisfaction.(2) Upon receipt of a request for an administrative review, the Director of Services for the Blind and Visually Impaired shall designate a member of the management staff who shall have fifteen (15) working days to file a written response, outlining the reason or reasons for any action objected to by the manager. In filing his/her response, the Agency representative shall forward a copy to the manager and to the manager's representative, if designated.(3) Upon receipt of the response from the Agency representative, the manager or his/her representative shall have ten (10) working days in which to file any objections or make reply, after which the Director of Services for the Blind and Visually Impaired shall evaluate the materials submitted and issue a written decision thereon. The decision shall be issued within fifteen (15) working days following the close of the period allowed for the manager's reply. The manager or a chosen representative may file an appeal in accordance with chapter 1240-6-11-.02 if the decision issued by the Director of Services for the Blind and Visually Impaired fails to resolve the manager's dissatisfaction.Tenn. Comp. R. & Regs. 1240-06-11-.01
Original rule filed August 30, 1978; effective November 29, 1978. Amendment filed June 9, 1981; effective August 18, 1981. Amendment filed May 25, 1983; effective June 24, 1989. Amendment filed March 10, 1989; effective April 24, 1989. Amendment filed April 27, 1998; effective August 28, 1998. Repeal and new rule filed April 8, 2005; effective June 22, 2005.Authority: T.C.A. §§ 4-5-201 et seq., 49-11-601 et seq., 71-1-104; 71-1-105(12), and 71-4-604(c); 34 C.F.R. § 395 and 34 C.F.R. § 395 et seq.