Section 1240-08-05-.06 - RIGHT TO ADMINISTRATIVE REVIEW, MEDIATION, AND FAIR HEARING(1) VR will provide timely due process for applicants or recipients of services or, as appropriate, their representatives who may be dissatisfied with any determination made by VR that affects the provision of VR services.(2) Due process may include an informal administrative review by appropriate VR supervisory staff, mediation by a qualified Mediator, or fair hearing by an Impartial Hearing Officer.(3) VR must provide written notice in accordance with VR requirements of due process to individuals, including their representatives when appropriate, and potentially eligible students with disabilities referred for pre-employment transition services: (a) At the time the individual applies for VR services or at the first meeting for potentially eligible students with disabilities;(b) At the time the individual is assigned to a priority category, if VR has established an order of selection;(c) At the time the IPE is developed; and(d) Whenever VR services for an individual are reduced, suspended, or terminated.(4) The request for a review of a determination made by VR that affects the provision of VR services may be either oral, written or on-line. The request must be made no later than thirty (30) calendar days after the date of notification of a determination by VR. This includes a determination made as the result of an Informal Administrative Review or Mediation.(5) Unless otherwise requested by the individual or, as appropriate, the individual's representative, the default method for review will be by Informal Administrative Review.(6) The VR Director must approve mediation and the availability of a qualified Mediator.(7) Reviews requested by individuals, including their representatives when appropriate, must be conducted timely in accordance with VR requirements, including reporting to an individual or, as appropriate, the individual's representative the outcome of the review.(8) VR may not institute a suspension, reduction, or termination of VR services being provided to an applicant or recipient, including evaluation and assessment services and IPE development, pending a resolution through mediation, pending a decision by a hearing officer, or reviewing official, or pending informal resolution under this section unless the individual or, in appropriate cases, the individual's representative, requests a suspension, reduction, or termination of services, or VR has evidence that the services have been obtained through misrepresentation, fraud, collusion, or criminal conduct on the part of the individual or the individual's representative.(9) An individual or, as appropriate, the individual's representative, may request a fair hearing by an Impartial Hearing Officer at any time during an informal administrative review or mediation or no later than thirty (30) calendar days after the date of notification of a determination of an informal administrative review or mediation.(10) An individual has the right to be represented by legal counsel or other representative and the right to submit evidence and other supporting information.(11) Review made by an Impartial Hearing Officer is conducted in accordance with the requirements of the Division of Appeals and Hearings.Tenn. Comp. R. & Regs. 1240-08-05-.06
New rule filed February 29, 2024; effective 5/29/2024.Authority: T.C.A. §§ 4-5-202, 4-5-301, et seq., 49-11-601, et seq., and 71-1-105(a)(12); 29 U.S.C. §§ 720, et seq.; and 34 C.F.R. §§ 361.5, 361.13, and 361.57.