Section 0520-01-16-.11 - APPEAL PROCEDURES(1) The following decisions of the Department may be appealed: (a) Denial of a school's application to become a participating school;(b) Suspension or termination of a participating school from the Program;(c) Suspension or termination of a provider from the Program;(d) Denial of a parent's, or student who has reached the age of eighteen's (18), application to participate in the Program;(e) Determinations regarding the use of funds by Account Holders; or(f) Suspension, termination, or removal of a participating student from the Program.(2) All appeals shall be filed pursuant to the following two (2) step appeal process: (a) Step one (1): The appeal shall be on the form provided by the Department and shall be submitted to the Commissioner of Education, or the Commissioner's designee, within ten (10) business days of notice of the decision being appealed. Notice of the decision being appealed shall be provided electronically and via first-class USPS mail and shall be deemed to be received three (3) business days after the date of postmark. The appeal shall be reviewed by the Commissioner of Education, or the Commissioner's designee, and a decision shall be issued within forty-five (45) calendar days of receipt of the appeal;(b) Step two (2): The appellant shall be notified of the Commissioner's or Commissioner's designee's decision in step one (1) of the appeal process electronically and via first-class USPS mail. Such notice shall be deemed received three (3) business days after the date of postmark. An appeal of the step one (1) decision shall be filed with the Commissioner by the appellant within thirty (30) calendar days of receipt and shall be heard as a contested case hearing pursuant to the Uniform Administrative Procedures Act (T.C.A. Title 4, Chapter 5).Tenn. Comp. R. & Regs. 0520-01-16-.11
Original rules filed November 27, 2019; effective 2/25/2020.Authority: T.C.A. §§ 49-1-302 and 49-6-2601, et seq.