Tenn. Comp. R. & Regs. 0770-01-05-.29 - NOTICE AND MAILINGS RULES

(1) Service by USPS or Electronic Communication. All notices, letters or other mailings sent by the THDA to applicants, participants, and owners will be sent by regular United States Postal Service (USPS), or via electronic communication (email/fax) to the address the THDA has been provided by the household.

(a) Definition of Mail. Any communication that is sent via United States Postal Service (USPS) mail or other electronic means.

(2) Deadline for Response. The THDA requires that an applicant, participant, or owner comply with any THDA notice of a request within fourteen (14) calendar days from the date the THDA notice is postmarked, unless otherwise stated within this Administrative Plan.

(3) Mail and Electronic Communication Policy.

(a) Proof of Service. Service by mail is complete upon deposit in a mailbox or upon posting. If proof of service is put into question, proof is established by prima facie evidence of an affidavit from the THDA employee who mailed the document or certificate of service of mailing. In cases of electronic communication (email/fax) where the participant denies receipt, the THDA may review internal records for proof of delivery.

(b) If an applicant, participant, or owner claim that a notice for information or an appointment was not received, the THDA will determine whether the notice was returned to the office.

1. If the notice was not returned, it is assumed the notice was received unless the receiving party can prove otherwise.

2. If the notice was returned to the THDA, but the receiving party provides evidence that they were living at the address the notice was sent to at the time that it was sent, then the party will be given another chance to comply within the requisite timeline for compliance.

3. The receiving party shall bear the burden of proof where it is alleged that the address (mail/email) to which the THDA mailed the notice was not the proper address (mail/email), or where the receiving party argues that the notice was not received due to circumstances beyond their control.

(i) Sufficient proof includes, but is not limited to, an affidavit, sworn and notarized, from the postmaster for the local post office responsible for delivering the mail to the receiving party's address indicating that there has been a problem with mail delivery. In cases of electronic communication (email/fax) where the participant denies receipt, the THDA may review internal records for proof of delivery.

(4) Address Used. The THDA sends notices to the last known address (mail/email) or the assisted unit address unless the party requests that all notices be sent to a second party address. For applicants and participants this request must come from the head of the household. Additionally, for applicants and participants the THDA notices are addressed only to the head of household, unless a court has appointed a legal guardian. Due to the administrative burden and cost associated with mailing documents to two different persons, the THDA will not mail regular notices, letters and other mailings to two parties.

(5) Copies to Attorneys. If an applicant or participant is represented by an attorney in an informal review, hearing, complaint or activities covered by the Administrative Procedures Act, the applicant or participant must notify the THDA, and their attorney or other legal representative will be copied on all correspondence that relates specifically to the informal review, hearing, complaint or activities covered by the Administrative Procedures Act. Once the informal review, hearing, complaint or activities covered under the Administrative Procedures Act is closed, the attorney or other legal representative will not continue to be copied on regular notices, letters or other mailings.

Notes

Tenn. Comp. R. & Regs. 0770-01-05-.29

Original rule filed May 16, 1980; effective June 30, 1980. Repeal filed September 28, 2004; effective December 12, 2004. Repeal and new rule filed June 4, 2015; effective September 2, 2015. Amendments filed October 5, 2018; effective January 3, 2019. Amendments filed June 11, 2024; effective 9/9/2024.

Authority: T.C.A. §§ 13-23-104 and 13-23-115(18), 42 U.S.C. § 1437, and 24 C.F.R., Part 982.