Section 0465-03-.12 - FILE REVIEWS(1) A file review is an informal proceeding in which the reviewing official reviews the department's files, which may include the investigation report and file and any submissions by the appellant, and then makes a determination, reflected in a decision letter, whether to uphold, modify or overturn the adverse administrative action.(2) Submissions by the appellant relating to file reviews of substantiations shall be made available by the OAA to DIDD's Director of Investigations or designee within three (3) business days of receipt thereof. The Director of Investigations or designee shall, within three (3) business days of receipt of these documents, notify the OAA in writing if the investigation(s) will be reopened with respect to the appellant's substantiation(s). If so, Rule 0465-03-01-.13 will be applicable.(3) Formal pleadings or affidavits are not required, but all written submissions shall be filed and become part of the record of the proceeding.(4) Discovery procedures do not apply to file reviews.(5) The party requesting the file review shall be designated as the "Appellant," and DIDD shall be designated as the "Department" or "DIDD."(6) In consideration of materials reviewed, the reviewing official shall not be constrained by rules of evidence but shall give the items considered the weight that he or she deems appropriate.(7) The reviewing official will consider the information available and make a determination whether, based on a preponderance of the evidence, the adverse administrative action taken by the department was or was not justified in light of applicable statutes and other authorities, including but not limited to other rules and policies.(8) The decision letter will be issued by the reviewing official not later than thirty (30) calendar days following receipt of the appellant's request for a file review unless circumstances exist which make a delay unavoidable.(9) The decision letter will be mailed to the appellant and distributed to DIDD personnel as appropriate.(10) If the decision of the reviewing official is to modify or overturn the substantiation(s), an addendum will be issued by the investigations unit in accordance with the decision letter or, if a hearing is conducted, with the Initial or Final Order.(11) Following any file review authorized by these rules in which the other party has not requested a hearing, DIDD may, if dissatisfied with the decision of the reviewing official, within fifteen (15) calendar days following the expiration of the other party's right to request a hearing, file with the OAA and serve on the other party a notice of intention to commence a contested case hearing challenging that decision. Thereafter, DIDD must file a notice of charges with the APD within thirty (30) calendar days of the date of said notice.Tenn. Comp. R. & Regs. 0465-03-.12
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.; 33-1-302; 33-1-303; 33-1-305; and 33-1-309.