Section 0465-03-.01 - APPEALS GENERALLY(1) When a person who has been substantiated at the Class I level for abuse, neglect, misappropriation of property of, or exploitation of, a vulnerable person ("A/N/E"); or who has three (3) or more Class II substantiations in separate investigations for incidents occurring or discovered within a twenty-four (24) month period, whether or not that substantiation(s) resulted in a referral for placement on the State's registry of persons who have abused, neglected, exploited or misappropriated the property of vulnerable individuals ("Abuse Registry"), is dissatisfied with any action taken or intended to be taken by the Department of Intellectual and Developmental Disabilities (hereinafter referred to as "DIDD" or "department"), that person has the right to appeal to have the matter decided by a department official in a file review proceeding, or if a hearing is requested, by an administrative judge of the Administrative Procedures Division of the Office of Secretary of State.(2) Administrative actions taken by the department pursuant to judicial or administrative order or which are the subject of pending or concluded judicial or administrative proceedings shall not be subject to review by the processes described herein.Tenn. Comp. R. & Regs. 0465-03-.01
Original rule filed August 6, 2018; effective 11/4/2018.Authority: T.C.A. §§ 4-3-103; 4-3-2708; 4-5-101, et seq.; 4-5-217; 4-5-301, et seq.; 33-1-302; 33-1-303; 33-1-305; and 33-1-309.