Section 0800-02-28-.16 - APPEALS(1) In the event the Administrator denies an application for vocational recovery assistance that was submitted within the time limitation set forth by T.C.A. § 50-6-208(j)(1)(B), the applicant may re-file an application to be reconsidered for a future award. For purposes of the aforementioned time limitation, the initial application date will be considered the application date of any subsequent application filed for the same injury, provided, the subsequent application is received within two (2) years of the initial application date.(2) Any person whose payments from the Fund are terminated under Rule 0800-02-28-.11 may appeal the Bureau's decision upon providing a written request to the Bureau within fifteen (15) business days of the date the Bureau issues a notice of termination. If a timely appeal is not filed with the Bureau, the Bureau's decision shall become final, not subject to further review. If a request for an appeal is timely filed with the Bureau, the request shall be considered a request for a contested case hearing pursuant to the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-101et seq. All rights, duties, obligations, and procedures applicable under the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-101et seq., are applicable under these Rules.(3) Any person from whom the Bureau seeks repayment under Rule 0800-02-28-.13 or Rule 0800-02-28-.14 may appeal the Bureau's decision upon providing a written request to the Bureau within fifteen (15) business days of the date of the Bureau's initial request for repayment. If a timely appeal is not filed with the Bureau, the Bureau's decision shall become final, not subject to further review. If a request for an appeal is timely filed with the Bureau, the request shall be considered a request for a contested case hearing pursuant to the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-101et seq. All rights, duties, obligations, and procedures applicable under the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-101et seq., are applicable under these Rules.Tenn. Comp. R. & Regs. 0800-02-28-.16
Original rules filed September 4, 2018; effective 12/3/2018.Authority: T.C.A. §§ 50-6-208 and 50-6-233.
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