Section 0465-03-.13 - REOPENED INVESTIGATIONS(1) If, as a result of documents or other evidence submitted by an appellant in support of his/her request for a file review of a substantiation(s), or if for any other reason an investigation is reopened under circumstances which could affect the substantiation(s) of an appellant with a pending file review request, the appellant will be notified in writing that the file review is suspended pending outcome of the additional investigation.(2) If the pending file review request was for a Class I substantiation, upon the closing of the additional investigation, the appellant will be notified in writing of the outcome as it pertains to him or her. If the Class I substantiation was overturned, and there was no other Class I substantiation against the appellant resulting from that investigation, he/she will be notified that the file review proceeding is closed. If the appellant remains substantiated at the Class I level following the additional investigation, he/she will be notified in writing that the file review will be resumed. The thirty (30) day period specified in Rule 0465-03-.12(8) for completion of the file review will commence following the date of the notification specified in this paragraph.(3) If the pending file review request was for three (3) or more Class II substantiations in separate investigations for incidents occurring or discovered within a twenty-four (24) month period, upon the closing of the additional investigation, the appellant will be notified in writing of the outcome as it pertains to him or her. If the Class II substantiation was overturned, and there was no other Class II substantiation against the appellant resulting from that investigation, he/she will be notified that the file review proceeding is closed. If the appellant remains substantiated at the Class II level following the additional investigation, he/she will be notified in writing that the file review will be resumed. The thirty (30) day period specified in Rule 0465-03-.12(8) for completion of the file review will commence following the date of the notification specified in this paragraph.Tenn. Comp. R. & Regs. 0465-03-.13
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.