Section 0465-03-.04 - SCOPE(1) Subject to any superseding federal or state law, these rules apply to and establish procedures for administrative appeals of Class I substantiations; three (3) or more Class II substantiations in separate investigations for incidents occurring or discovered within a twenty-four (24) month period; and referrals by DIDD of substantiated persons to the State's Abuse Registry. Contested case hearings of such matters, when requested, will be conducted by administrative judges of the Administrative Procedures Division of the Secretary of State and will be governed by the rules of the Tennessee Department of State, Administrative Procedures Division, Chapter 1360-04 "Uniform Rules of Procedure for Hearing Contested Cases Before State Administrative Agencies."(2) The Office of Administrative Appeals (OAA) is a unit of DIDD. The OAA is responsible for receiving appeals of those adverse administrative actions by the department which are defined below, conducting file reviews when requested, and arranging for, coordinating and prosecuting on behalf of DIDD contested case hearings before administrative judges of the Administrative Procedures Division (APD). Attorneys from DIDD's Office of General Counsel may also prosecute contested case hearings for the department. The APD is a division of the Secretary of State and is not a part of DIDD.(3) Nothing in these rules shall be construed to restrict the department from releasing any information about an alleged perpetrator of A/N/E to any state or federal law enforcement agency investigating a report of known or suspected abuse, neglect, exploitation of, misappropriation of money or property of, or crimes involving vulnerable persons; any state or federal District Attorney, Attorney General or U.S. Attorney, or his/her authorized assistants, of judicial districts or agencies involved in investigating or prosecuting crimes against vulnerable adults; any grand jury, criminal or civil court or administrative tribunal or body in response to a valid subpoena; any DIDD-contracted provider that is a full or part-time employer, or potential employer, of the alleged perpetrator or is responsible for providing care or services to victims or potential victims of the alleged perpetrator; or any state or federal agency or official investigating allegations of abuse, neglect, exploitation or misappropriation of money or property of vulnerable adults or the alleged perpetrator(s) thereof.Tenn. Comp. R. & Regs. 0465-03-.04
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.; 4-5-301, et seq.; 33-1-302; 33-1-303; 33-1-305; 33-1-309; 33-3-105; 33-3-107; 33-3-108; 33-3-110; and Rules of the Department of State, Chapter 1360-04.