Section 0520-01-11-.10 - APPEALS(1) The following determinations are appealable:(a) An Applicant may appeal the Department's determination that the student is not eligible for the IEA Program.(b) An Account Holder may appeal the Department's determination that the Account Holder has misspent IEA funds or the removal of the Participating Student from the IEA Program.(c) An applicant school may appeal the Department's determination that the school is not qualified to be a Participating School.(d) A Participating School may appeal its suspension or termination from the IEA Program.(2) All appeals shall be submitted on the appeal forms provided on the Department's website. If an appeal is not submitted on the appropriate appeal form, the appeal shall be denied.(3) Appeals shall follow the following two-step process:(a) Step one appeals shall be reviewed by the Department. Step one appeals must be submitted to the Department within fourteen (14) calendar days of the Department electronically sending the determination that is being appealed. The day that the Department sends the determination shall not count as part of the fourteen (14) calendar days. The Commissioner or Commissioner's Designee shall make a determination and issue an electronic notification to the appealing party within forty-five (45) calendar days of receiving the step one appeal.(b) If the Department denies the step one appeal, the appealing party may file a step two appeal. Step two appeals shall be reviewed by an administrative law judge in accordance with the procedures set forth in the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-301 et seq. Step two appeals must be submitted to the Department within thirty (30) calendar days of the Department electronically sending the step one determination. The day that the Department sends the step one determination shall not count as part of the thirty (30) calendar days.(4) If the deadline to submit an appeal falls on a weekend or state holiday, the appeal shall be considered timely submitted if it is received by the next business day after the weekend or state holiday.(5) If an appeal is not timely submitted, the appeal shall be deemed denied.Tenn. Comp. R. & Regs. 0520-01-11-.10
Emergency rules filed October 28, 2016; effective through April 26, 2017. Emergency rules superseded by new rules filed September 2, 2016; effective December 1, 2016. Emergency rules filed September 22, 2017; effective through March 21, 2018. Amendments filed December 21, 2017; effective March 21, 2018. Amendments filed January 22, 2020; to have become effective April 21, 2020. However, the State Board of Education filed a 34-day stay of the effective date of the rules; new effective date May 25, 2020. Amendments filed December 27, 2021; effective 3/27/2022.Authority: T.C.A. §§ 49-1-302 and 49-10-1401, et seq.