Tenn. Comp. R. & Regs. 0250-07-09-.09 - RIGHT TO NOTICE AND OPPORTUNITY FOR ADMINISTRATIVE HEARING

(1) An individual whom the Department has classified in a substantiated report as a perpetrator of any form of abuse or neglect and whose classification has been upheld pursuant to a formal file review may request an administrative hearing before an administrative judge of the Administrative Procedures Division of the Department.

(2) An individual shall request an administrative hearing within twenty (20) business days from the date of the notice of the outcome of the formal file review. The Department must receive the request for an administrative hearing by the twentieth (20^th) business day for the request to be considered timely.

(3) Unless the emergency procedures in Rule 0250-07-09-.08 apply, during the twenty (20) business day period in which an individual may request a hearing, the Department shall not disclose that the individual has been classified as the perpetrator of any form of abuse or neglect in a substantiated report. In addition, the Department shall not disclose any details about the case. The Department may only confirm that an investigation involving child abuse or neglect has commenced. If the individual timely requests a hearing, the Department may only release a statement stating that a hearing concerning the individual pursuant to the child abuse laws of this State is currently pending.

(4) If the individual timely requests a hearing, the Department shall schedule a hearing and give the individual adequate notice of the hearing, as provided by Rule 0250-05-04-.01.

(5) The hearing will be held, and an initial order entered therein, within one hundred twenty (120) business days of the date of the notice required in Rule 0250-07-09-.07(11), unless:

(a) The time limit is extended or waived by agreement of the parties, or for good cause shown; or

(b) The proceedings are stayed pursuant to Rule 0250-07-09-.10.

(6) If the individual fails to timely request a hearing absent good cause, the individual shall waive his or her right to a hearing. The Department's substantiated report regarding the individual shall then be available for dissemination, in accordance with these rules, to any associated organization or associated individual and the individual's identity as a substantiated perpetrator shall be placed in the registry.

(7) An individual who fails to timely request a hearing may be granted a hearing provided that he or she shows good cause for failure to make a timely request.

(8) Good cause is limited to a failure to receive the notice referred to in Rule 0250-07-09.07(11), severe illness, or some other circumstance that substantially prevented the individual from timely requesting a hearing.

Notes

Tenn. Comp. R. & Regs. 0250-07-09-.09

Original rule filed September 13, 1988; effective October 28, 1988. Rule assigned a new control number, removed and renumbered from 1240-07-09-.06 filed and effective March 25, 1999. Repeal and new rule filed September 11, 2006; effective November 25, 2006. Emergency rule filed July 19, 2013; effective through January 15, 2014. On January 16, 2014, the rule reverted to its previous status. Amendments filed October 6, 2017; effective 1/4/2018.

Authority: T.C.A. §§ 4-5-226(b)(2), 37-1-409, 37-1-612, 37-1-616, 37-5-101, 37-5-105, 37-5-106, 37-5-107, 37-5-112, 37-5-112(a), and 37-5-512(a).