Section 1240-01-53-.06 - COURT ACTIONS ON CONSENT AGREEMENTS(1) The Department of Human Services may enter into an agreement with the local district attorney's office allowing said district attorney to enter into consent agreements with accused intentional program violators. The agreement shall be filed with a court of competent jurisdiction and approved by the court. Prior to entering into a consent agreement with the accused individual, the district attorney's office shall send advance written notice to the accused of the consequences of entering into such an agreement. The advance written notice, prepared by the Department of Human Services, shall contain at a minimum the following:(a) A statement for the accused individual to sign that he/she understands the consequences of signing the agreement, along with a statement that the caretaker relative must also sign the agreement if the accused individual is not the caretaker relative;(b) A statement that signing the agreement will result in a reduction in payment for the appropriate period; and(c) A statement of which disqualification period will be imposed as a result of the accused individual signing the agreement.(d) After the court confirms the agreement, the Department will provide a written notice to the individual which specifies the period of disqualification (which shall be no later than the first day of the second month which follows the date of the notice), and the amount of the payment the unit will receive during the disqualification period. However, if the court specifies the date for initiating the disqualification period, the Department shall disqualify the accused individual in accordance with the court order. If an individual whose case has been terminated signs a consent agreement, the disqualification period shall begin no later than the first day of the second month which follows the date of notice.Tenn. Comp. R. & Regs. 1240-01-53-.06
Original rule filed December 2, 1996; effective February 15, 1997. Amendment filed July 5, 2002; effective September 18, 2002.Authority: T.C.A. §§ 4-5-201 et seq., 71-1-105, 71-3-120, 71-3-157, 71-3-158, Public Acts of 1996, Chapter 950, and 45 CFR 235.110, 235.112, and 235.113.