Section 1200-13-19-.07 - DISMISSAL OF APPEAL OR REQUEST FOR HEARING(1) The Agency may close a request for a delay appeal upon making an eligibility determination.(2) The Agency may dismiss a request for hearing if the appeal request has been withdrawn by the appellant in writing or through electronic or oral notification.(3) The Agency may dismiss a previously accepted appeal upon evidence presented at a good cause hearing, pre-hearing conference, or in the pleadings that the appeal was not timely filed and that good cause for the untimely filing did not exist.(4) Upon appropriate proof, the Agency may dismiss an appeal at any point in the hearing process for any of the reasons that the appeal might be denied by the Agency by rule or law, if such facts had been known by the Agency before the appeal was accepted for hearing.(5) The Agency must dismiss an appeal or request for hearing if the appeal does not present a valid factual dispute and the appellant does not provide additional information or clarification to establish a valid factual dispute within fifteen (15) (inclusive of mail time) days of an Agency request. The Agency decision that an appeal does not raise a valid factual dispute is not appealable.(6) When the Agency dismisses an appeal it must provide a timely notice of dismissal to the appellant, stating: (a) The reason for dismissal;(b) An explanation of the dismissal's effect on the appellant's eligibility; and(c) An explanation of how the appellant may show good cause why the dismissal should be vacated.Tenn. Comp. R. & Regs. 1200-13-19-.07
Adopted effective May 6, 2015.Authority: T.C.A. §§ 4-5-208, 71-5-105 and 71-5-112; 42 U.S.C. §§ 1396 a(a)(3), (5), (8); 42 C.F.R. 431 Subpart E and 42 C.F.R. § 435.912.