Section 1500-01-03-.02 - DEFINITIONS(1) "Applicant" means one who submits an application, request, or plan required to be approved by a primary recipient, as a condition to eligibility for Federal financial assistance, and the term "application" means such an application, request or plan.(2) "Assurance" means a written statement or contractual agreement signed by the head of an organization or agency agreeing to administer federally assisted programs in accordance with civil rights laws and regulations.(3) "Commission" means the Tennessee Human Rights Commission.(4) "Complainant" means the person by whom or on whose behalf a complaint is filed.(5) "Contractor" means any entity or individual who provides any function or service that requires the performance or delivery of assistance to beneficiaries under the terms of a contract with a department or agency.(6) "Facility" means all or any portion of structures, equipment, or other real or personal property or interests therein, and the provision of facilities includes the construction, expansion, renovation, remodeling, alteration, or acquisition of facilities.(7) "Federal financial assistance" means:(a) Grants and loans of Federal funds;(b) The grant or donation of Federal property and interests in property;(c) The detail of Federal personnel;(d) The sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the recipient; and,(e) Any Federal agreement, arrangement, or other contract which has as one of its purposes the provision of assistance.(8) "Limited English Proficiency (LEP)" means not speaking English as a primary language and having a limited ability to read, speak, or understand English. Individuals that might experience LEP are entitled to language assistance with respect to a particular type of service, benefit, or encounter.(9) "Primary recipient" means any department or agency that is authorized or required to extend Federal financial assistance to another recipient or subrecipient for the purpose of carrying out a program.(10) "Program" or "program or activity" means any program, project, or activity for the provision of services, financial aid, or other benefits to individuals (including education or training, rehabilitation, or other services or disposition, whether provided through employees of the recipient of Federal financial assistance or provided by others through contracts or other arrangements with the recipient, and including work opportunities and cash or loan or other assistance to individuals), or for the provision of facilities for furnishing services, financial aid, or other benefits to individuals. The disposition, services, financial aid, or benefits provided under a program receiving Federal financial assistance shall be deemed to include any disposition, services, financial aid, or benefits provided with the aid of Federal financial assistance or with the aid of any non-Federal funds, property, or other resources required to be expended or made available for the program to meet matching requirements or other conditions which must be met in order to receive the Federal financial assistance, and to include any disposition, services, financial aid, or benefits provided in or through a facility provided with the aid of Federal financial assistance or such non-Federal resources.(11) "Recipient" means any state department or agency in Tennessee, to whom Federal financial assistance is extended, directly or through another recipient, for any program, including any successor, assign, or transferee thereof, but such term does not include any ultimate beneficiary under any such program. Many programs have two recipients-a primary recipient and a subrecipient. A primary recipient is authorized or required to extend Federal financial assistance to another recipient for the purpose of carrying out a program. A subrecipient is any entity or person that receives Federal financial assistance from a primary recipient to carry out a program. Both the primary recipient and subrecipient are covered by and must conform to the federal and state regulations pertaining to Title VI.(12) "responsible Official" means the Title VI Coordinator or other designated person assigned with the responsibility within a department or agency of ensuring compliance with Title VI.(13) "responsible State official" means any Commissioner or other head official of any governmental entity that is a recipient of Federal financial assistance.(14) "Subcontract" means an agreement entered into by a contractor with any entity or individual who agrees to perform any function or service on behalf of the contractor which requires the performance or delivery of assistance to beneficiaries.(15) "Subcontractor" means any entity or individual that provides any function or service which requires the performance or delivery of assistance to beneficiaries under the terms of a contract with a contractor.(16) "Subrecipient" means any entity or person that receives Federal financial assistance from a primary recipient to carry out a program. A subrecipient may include any local, county government, institution, local entity or organization, or any other entity charged with carrying out a program.Tenn. Comp. R. & Regs. 1500-01-03-.02
Authority: T.C.A. §§ 4-21-202, 4-21-203 and 28 CFR Part 42, Subpart C.