Section 0240-07-08-.02 - SCOPE(1) The contested case procedures set forth in the UAPA may be applicable in all cases in which the legal rights, duties, and privileges of a party are required by any statute or constitutional provision to be determined by an agency after an opportunity for a hearing. These procedures may also apply when MTSU rule provides that a hearing take place pursuant to the provisions of the UAPA. Except as may be set forth by other applicable rule or law, the contested case procedures in the UAPA may apply in the following cases:
(a) Demotion, suspension without pay, or termination of support staff employees where the employee has elected to pursue a UAPA hearing instead of an employee panel hearing as the final step of the grievance process;(b) Suspension or expulsion of a student who elects a UAPA hearing instead of an institutional hearing;(c) Revocation of the registration of a student organization who elects a UAPA hearing instead of an institutional hearing; and(d) Any other case where law requires a contested case hearing and such a hearing is requested.Tenn. Comp. R. & Regs. 0240-07-08-.02
New rules filed February 8, 2022; effective 5/9/2022.Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).