Section 0720-39-.01 - SCOPE OF RULES(1) These rules shall apply to the:(a) Notifications of intent to place any person suspected of abuse, neglect, misappropriation, or exploitation, as defined by the Registry of Persons Who Have Abused, Neglected, Misappropriated, or Exploited the Property of Vulnerable Individuals ("Registry") in T.C.A. Title 68, Chapter 11, Part 10;(b) Referrals made to the Department for placement on the Registry from any state or federal courts, Tennessee state government agencies, administrative bodies, Tennessee Bureau of Investigation or law enforcement agencies;(c) Notification to the individual of the individual's inclusion on the Registry;(d) Requests for information from the Department's Registry; and(e) Requests for removal from the Registry.(2) Due Process.(a) Administrative due process consists of contested case hearings and appeals conducted in accordance with the procedures set forth in the Uniform Administrative Procedures Act, as set forth in T.C.A. Title 4, Chapter 5, Part 3 and Tenn. Comp. R. & Regs. 1360-04-01-.01 et seq.(b) Petitioners who have been denied removal from the Registry may appeal the state government agency's decision by requesting a contested case hearing, which will be conducted according to the Uniform Administrative Procedures Act, as set forth in T.C.A. Title 4, Chapter 5, Section 3 and Tenn. Comp. R. & Regs. 1360-04-01-.01 et seq.(c) Notice and opportunity to be heard will be accorded to an individual based on each state government agency's procedures and definitions.Tenn. Comp. R. & Regs. 0720-39-.01
Original rules filed September 28, 2016; effective December 27, 2016. Transferred from chapter 1200-08-38 pursuant to Public Chapter 1119 of 2022 effective 7/1/2022.Authority: T.C.A. §§ 68-11-1001, et seq.