Section 0250-05-13-.03 - TIME LIMIT FOR FILING AN APPEAL(1) Appeals from decisions to remove a child from a foster family home will be accepted only if they are filed within ten (10) days after the mailing date of the written notice of the action unless good cause can be shown as to why the appeal could not be filed within the time limit.(2) The time limits shall be computed by excluding the first day and including the last, unless the last day is a Saturday, a Sunday, or legal holiday in which case the last day hall be the first day following the Saturday, Sunday, or legal holiday which is not itself a Saturday, a Sunday, or a legal holiday.(3) Any waiver of the ten (10) day time limit for filing an appeal is subject to the approval of the Commissioner or his designated representative. Additionally, if an appeal is made after the ten (10) day time limit but prior to the actual removal of the child from the foster family home, the Commissioner or his designated representative may order that the child not be removed from the foster family home pending the outcome of the hearing unless he determines that the child's health or safety requires immediate removal.Tenn. Comp. R. & Regs. 0250-05-13-.03
Original rule filed November 22, 1978; effective January 8, 1979. Repeal and new rule filed November 28,1979; effective January 12, 1980. Amendment filed December 17, 1982; effective March 16, 1982. Rule assigned a new control number, removed, and renumbered from 1240-5-13-.03 filed and effective March 25, 1999. Amendment filed May 29, 2002; effective August 12, 2002.Authority: T.C.A. §§ 4-5-226, 4-5-301, 37-5-105, and 37-5-112.