Section 0030-01-08-.02 - STATE AGENCY HEARINGS(1) The State Agency will provide an opportunity for a hearing to: (a) Any Area Agency when the State Agency proposes to:1. Disapprove the area plan or plan amendment submitted by the Area Agency; or,2. Withdraw the Area Agency's designation.(b) Any applicant for designation as a planning and service area whose application is denied;(c) Any nutrition project which the Area Agency proposes to defund; and,(d) Any service provider whose application to provide services under an area plan is denied or whose contract is terminated or not renewed except as provided in 45 CFR, Part 74, Subpart M, of the regulations.(2) If any agency or organization wants a hearing, it must file a written request for a hearing with the State Agency within thirty (30) days following its receipt of the notice of the adverse action.(3) When it receives a request for a hearing, the State Agency will notify the agency or organization of the date, time, and location of the hearing. The State Agency will complete the hearing within 120 days of the date the request for hearing was received by the State Agency. The State Agency will issue the hearing decision within sixty (60) days after the hearing is completed.(4) The State Agency hearing procedures for Area Agencies and service provider organizations will include: (a) Timely written notice of the reasons for the agency action that is being appealed and the evidence on which the action was based;(b) An opportunity to review any pertinent evidence on which the agency action was based;(c) An opportunity to appear in person before an administrative hearing office and/or the board of the Commission to refute the basis for the decision in accordance with Section 1360-1-7-.02(j);(d) An opportunity to be represented by counsel or other representative;(e) An opportunity to present witnesses and documentary evidence;(f) An opportunity to cross-examine witnesses; and,(g) A written decision which sets forth the reasons for the decision and the evidence on which the decision is based.(5) The State Agency may terminate formal hearing procedures at any point if the State Agency and agency or organization that requested the hearing negotiate a written agreement that resolves the issue(s) which led to the hearing.Tenn. Comp. R. & Regs. 0030-01-08-.02
Original rule filed July 6, 1982; effective August 6, 1982.Authority: T.C.A. § 14-6-105.