Section 1240-08-10-.14 - APPEALS PROCESS(1) Any applicant/recipient of services pursuant to this chapter who is aggrieved by a decision as to his/her eligibility, the number of hours approved for PCA services, and/or the amount of the subsidy has the right to request and receive an administrative review and/or a fair hearing pursuant to Chapters 1240-05-01 through 1240-05-09, provided, however, that the maximum hourly rate of the subsidy, as provided in Rule 1240-08-10-.09(1) is not appealable.(2) An applicant/recipient of services is not required to request or receive an administrative review as a prerequisite to requesting a fair hearing.(3) No applicant/recipient of services pursuant to this chapter may request review by the Secretary of the Federal Department of Education pursuant to 34 C.F.R. § 361.48, unless he/she is being provided vocational rehabilitation services under an Individualized Plan for Employment (IPE) pursuant to Title I of the Vocational Rehabilitation Act of 1973, as amended.Tenn. Comp. R. & Regs. 1240-08-10-.14
Original rule filed December 9, 1986; effective March 31, 1987. Amendment filed April 22, 1997; effective July 6, 1997. Amendment filed December 5, 2003; effective April 29, 2004. Repeal and new rule filed June 30, 2009; effective September 13, 2009.Authority: T.C.A. §§ 4-5-202; 71-1-105(12); 71-4-1201 through 71-4-1209; 34 C.F.R. §361.48.