Section 1360-11-01-.05 - CANCELLATION OF PROGRAM PARTICIPATION; WITHDRAWAL(1) Program participation shall be cancelled if any of the following occurs: (a) The Office of the Secretary of State finds or determines that the participant's application contained one or more false statements;(b) The program participant fails to relocate to a new residential address, or fails to provide documentary evidence of the new residential address to the Office of the Secretary of State, within ninety (90) days from the date of application, unless the Secretary of State determines that the program participant is currently residing at a shelter, as defined by T.C.A. § 71-6-202, or a similar facility;(c) The program participant obtains a name change, unless the program participant provides the Office of the Secretary of State with documentation of a legal name change within ten (10) business days of the name change;(d) The program participant's certification has expired and the program participant has not submitted a renewal application prior to the expiration of the current four (4) year term;(e) The Office of the Secretary of State finds or determines that the program participant is unreachable for a period of twenty (20) business days or more;(f) The Office of the Secretary of State finds or determines that circumstances have changed such that the participant no longer meets the criteria outlined by statute or by Rule 1360-11-01-.02 for program participation; or(g) The program participant submits to the Office of the Secretary of State a request to withdraw from the program.(2) A program participant will be found to be unreachable when the Office of the Secretary of State has determined that any materials forwarded to the program participant at the designated address have been returned to the Office of the Secretary of State by the United States Postal Service, or other mail carrier, as either undeliverable or refused and the Office of the Secretary of State has been unable to reach the program participant by phone or electronic mail for a period of at least twenty (20) business days.(3) A program participant may request to withdraw from program participation by submitting a written and notarized Withdrawal form to the Office of the Secretary of State. The Withdrawal form must include the following: (a) The program participant's name, residential address and participant identification number;(b) A statement that the participant wishes to cease being a program participant;(c) An acknowledgement that the participant's address(es) will no longer be kept confidential, the Secretary of State will no longer accept or process mail received on their behalf, and participant's voter registration will no longer be kept confidential; and,(d) A statement that the administrator of election should either treat the participant's voter registration in the same manner as other voter registration forms, or purge the participant's voter registration.(4) Upon finding that a program participant's participation should be cancelled, either by means of cancellation or withdrawal, the Office of the Secretary of State shall mail a notice of cancellation to the program participant at the last known address by certified mail. This notice shall set out the reason(s) for cancellation, the program participant's right to appeal the cancellation, and the procedures for appealing the notice of cancellation before an administrative law judge.(a) In the event that cancellation occurs because the Office of the Secretary of State has found the program participant to have been unreachable for a period of twenty (20) business days or more and the notice of cancellation sent to the program participant by certified mail is returned to the Office of the Secretary of State as either undeliverable or refused, the program participant shall not have the right to appeal the cancellation of program participation.Tenn. Comp. R. & Regs. 1360-11-01-.05
Emergency rules filed October 30, 2018; effective through April 28, 2019. Emergency rules expired effective April 29, 2019. Original rules filed November 21, 2019; effective February 19, 2020. Emergency rules filed June 2, 2020; effective through November 29, 2020. Emergency rules expired effective November 30, 2020, and the rules reverted to their previous statuses. Amendments filed September 9, 2020; effective 12/8/2020.Authority: T.C.A. §§ 40-38-601, et seq; and Public Chapter 577, enacted March 19, 2020.