Section 0140-01-.06 - ADMINISTRATIVE REVIEW(1) An applicant or his authorized representative on his behalf has a right to appeal any decision denying his application for a grant in whole or in part and/or his request for an exception and/or change to the grant's guidelines.(2) Any request for an appeal shall be in writing addressed to the Executive Director and shall specifically state the reason(s) why the grant should have been awarded and/or an exception or change to the guidelines permitted.(3) Any appeal which contests the Commission's guidelines, and/or the denial of an exception to the guidelines must be filed no later than forty-five (45) days before the applicant deadline of the grant category at issue. The appeal will be reviewed by the Commission and the appeal will be decided by majority vote of those members constituting the appeal. The applicant will be notified of the Commission's decision no later than two (2) weeks or ten (10) working days before the application deadline.(4) Any appeal which contests the denial of a grant in whole or in part must be filed no later than August 1 of the calendar year in which the grant was applied. The Executive Director shall review the appeal and issue a decision in writing no later than September I of the calendar year in which the grant in issue was applied. If the applicant is not satisfied with the Executive Director's response, he or his representative can appeal to the Executive Committee no later than October I of the calendar year in which the grant in issue was applied. The appeal should be addressed to the Executive Director who will forward the appeal to the Executive Committee. The applicant or his representative may request a personal appearance before the Executive Committee. The applicant or his representative will be notified as to the request of a personal appearance no later than November 1 of the calendar year in which the grant in issue was applied. The Executive Committee may ask on its own initiative that the applicant or his representative make a personal appearance before the Executive Committee. If the applicant or his representative declines to appear, the Executive Committee may proceed to decide the appeal. The Executive Committee will make a recommendation on the appeal by majority vote by those committee members constituting a quorum attending the Executive Committee meeting reviewing the appeal. The Commission will act on the Executive Committee's recommendation and will issue a final decision to the applicant or his representative no later than January 1 of the following calendar year in which the grant in issue was applied. The Commission has the power to reduce or increase a grant award.(5) The ruling of the Commission shall be the last administrative remedy and there shall be no further right of appeal.Tenn. Comp. R. & Regs. 0140-01-.06
; Original rule filed July 6,1989; effective October29, 1989.Authority: T.C.A. § 4-20-105,