Tenn. Comp. R. & Regs. 1240-05-03-.04 - DISMISSAL OF HEARING REQUESTS

(1) The Department may dismiss a request for hearing if it has been withdrawn by the appellant in writing or if it is abandoned. Abandonment may be deemed to have occurred if the appellant, or the authorized representative, without good cause fails to appear at the scheduled hearing.

(2) The Department may dismiss a previously accepted appeal, upon evidence presented at a "good cause" hearing, pre-hearing conference, or in the pleadings that the appeal was not timely filed and that "good cause" for the lack of timely filing did not exist.

(3) Upon appropriate proof, the Department may dismiss an appeal at any point in the hearing process for any of the reasons that the appeal might be denied by the Appeals and Hearings Division by rule or law, if such facts had been known by the Appeals and Hearings Division before the appeal was accepted for hearing.

(4) Dismissal Process for Informally Resolved Appeals in Food Stamp Program.

(a) The Department may dismiss a request for a fair hearing when the Appeals and Hearings Division determines the appeal has been resolved in the appellant's favor and the appellant has expressed orally that he/she wishes to withdraw the request for a hearing.

(b) In such case, prior to dismissal of the appeal, the Appeals and Hearings Division will provide a written notice of confirmation to the appellant within ten (10) days of the appellant's oral expression to withdraw the request for a fair hearing. The written notice will advise the appellant that he/she has ten (10) days from the date of the written notice confirming the withdrawal of the request for a hearing to notify the Appeals and Hearings Division that he/she wishes to reinstate the fair hearing request. If reinstatement is requested, the appeal will proceed to a hearing.

(5) Dismissal Process for Informally Resolved Appeals in Other Programs.

(a) The Department may dismiss a request for a fair hearing when the Appeals and Hearings Division determines the appeal has been resolved in the appellant's favor.

(b) In such case, the Appeals and Hearings Division will provide a written notice to the appellant that the appeal has been resolved. The written notice will advise the appellant that he/she has ten (10) days from the date of the written notice to notify the Appeals and Hearings Division that he/she wishes to reinstate the fair hearing request. If reinstatement is requested, the appeal will proceed to a hearing.

(6) The Department may dismiss requests for hearings regarding the TennCare and Medicaid programs if the appeal does not present a valid factual dispute. (The valid factual dispute process is provided in 1240-5-3-.03(1)(l) 2, 3 and 4).

Notes

Tenn. Comp. R. & Regs. 1240-05-03-.04

Original rule filed January 19, 1977; effective February 18, 1977. Amendment filed April 30, 1979; effective July 30, 1979. Amendment filed December 17, 1982; effective March 16, 1983. Amendment filed February 26, 2007; effective May 12, 2007.

Authority: T.C.A. §§ 4-5-202, 4-5-301, 71-1-105(12), 71-1-111 and 71-1-132; 42 C.F.R. § 431.223; 45 C.F.R. § 205.10(a)(5)(v); and 7 C.F.R. § 273.15(d) and (j).