Tenn. Comp. R. & Regs. 0620 — Finance

Chapter 0620-01-01 Repealed

Tenn. Comp. R. & Regs. 0620-01-01 Repealed

RULES

OF DEPARTMENT OF FINANCE AND ADMINISTRATION

ACCOUNTS DIVISION

REPEALED

Authority: T.C.A. §4-327. Administrative History: Original Rules were certified June 10, 1974.

Repealed. Filed September 14, 1976; effective October 14, 1976. -- 1 of 1 --

Chapter 0620-01-02 Repealed

Tenn. Comp. R. & Regs. 0620-01-02 Repealed

RULES

OF DEPARTMENT OF FINANCE AND ADMINISTRATION

ACCOUNTS DIVISION

REPEALED

Authority: T.C.A. §4-327. Administrative History: Original Rules were certified June 10, 1974.

Repealed. Filed September 14, 1976; effective October 14, 1976.

Chapter 0620-01-03 Repealed

Tenn. Comp. R. & Regs. 0620-01-03 Repealed

RULES

OF DEPARTMENT OF FINANCE AND ADMINISTRATION

ACCOUNTS DIVISION

REPEALED

Authority: T.C.A. §4-327. Administrative History: Original Rules were certified June 10, 1974.

Repealed. Filed September 14, 1976; effective October 14, 1976. -- 1 of 1 --

Chapter 0620-01-04 Repealed

Tenn. Comp. R. & Regs. 0620-01-04 Repealed

RULES

OF DEPARTMENT OF FINANCE AND ADMINISTRATION

ACCOUNTS DIVISION

REPEALED

Authority: T.C.A. §4-327. Administrative History: Original Rules were certified June 10, 1974.

Repealed. Filed September 14, 1976; effective October 14, 1976. -- 1 of 1 --

Chapter 0620-01-05 Repealed

Tenn. Comp. R. & Regs. 0620-01-05 Repealed

RULES

OF DEPARTMENT OF FINANCE AND ADMINISTRATION

ACCOUNTS DIVISION

REPEALED

Authority: T.C.A. §4-327. Administrative History: Original Rules were certified June 10, 1974.

Repealed. Filed September 14, 1976; effective October 14, 1976. -- 1 of 1 --

Chapter 0620-01-06 Repealed

Tenn. Comp. R. & Regs. 0620-01-06 Repealed

RULES

OF DEPARTMENT OF FINANCE AND ADMINISTRATION

ACCOUNTS DIVISION

REPEALED

Authority: T.C.A. §4-327. Administrative History: Original Rules were certified June 10, 1974.

Repealed. Filed September 14, 1976; effective October 14, 1976. -- 1 of 1 --

Chapter 0620-01-07 Repealed

Tenn. Comp. R. & Regs. 0620-01-07 Repealed

RULES

OF DEPARTMENT OF FINANCE AND ADMINISTRATION

ACCOUNTS DIVISION

OR FISCAL OFFICERS

REPEALED

Authority: T.C.A. §4-327. Administrative History: Original Rules were certified June 10, 1974.

Repealed. Filed September 14, 1976; effective October 14, 1976. -- 1 of 1 --

Chapter 0620-01-08 Repealed

Tenn. Comp. R. & Regs. 0620-01-08 Repealed

RULES

OF DEPARTMENT OF FINANCE AND ADMINISTRATION

ACCOUNTS DIVISION

REPEALED

Authority: T.C.A. §4-327. Administrative History: Original Rules were certified June 10, 1974.

Repealed. Filed September 14, 1976; effective October 14, 1976. -- 1 of 1 --

Chapter 0620-01-09 Policy and Procedure Governing the Write-Off of Accounts Receivable

Tenn. Comp. R. & Regs. 0620-01-09-.01 POLICY STATEMENT

The General Assembly, in Tennessee Code Annotated Section 4-4-120, authorized the Commissioner of Finance and Administration and the Comptroller of the Treasury to establish procedures for the write-off of uncollectible accounts receivable by all state agencies, departments, and institutions which charge the public, create a debt to the state, and maintain accounts receivable. These rules, which have been promulgated by the Department of Finance and Administration and concurred in by the Comptroller, set forth the write-off procedures. These rules recognize that certain amounts of bad debt will occur when accounts receivable are established. Furthermore, in the case of certain accounts receivable it is in the best interests of the State to write off such accounts receivable rather than pursue collection efforts.

History

• Authority: T.C.A. §§4-5-202 and 4-4-120.
• Administrative History: Original rule filed June 6, 1979; notice of disapproval hearing filed September 11, 1979; continued November 13, 1979; approved by GOC December 11, 1979. Repeal filed August 24, 2000; effective December 29, 2000. New rule filed February 1, 2002; effective June 28, 2002.

Tenn. Comp. R. & Regs. 0620-01-09-.02 APPROVALS FOR WRITE-OFFS

(1) For write-offs of accounts of five thousand dollars ($5,000) or greater, or accounts aggregating to twenty-five thousand dollars ($25,000) or greater, the agency, department or institution shall obtain written approval of the Commissioner of Finance and Administration and the Comptroller of the Treasury.

(a) The approval request must describe the efforts used to collect the debt and must demonstrate that established collection policies were utilized.

(b) Approval requests shall be submitted by the agency, department or institution to the Division of Accounts, Department of Finance and Administration.

(2) Write-offs of accounts less than five thousand dollars ($5,000) or accounts aggregating less than twenty five thousand dollars ($25,000) may be authorized by the head of the agency, department or institution. Such accounts may only be written off if the accounts have proven to be uncollectible based on established collection policies.

(3) In some exceptional cases it may be in the best interest of the state and/or more cost effective to writeoff a receivable without pursuing collection efforts. The write-off of an account without collection efforts of up to five hundred dollars ($500) or accounts aggregating up to two thousand dollars ($2,000) may be authorized by the head of the agency, department or institution. Documentation should be prepared of the circumstances warranting the write-off. The write-off of accounts without collection efforts in greater amounts shall be through written approval of the Commissioner of Finance and Administration and the Comptroller of the Treasury.

(4) The Director of Payroll, Division of Accounts, Department of Finance and Administration may write off payroll overpayments to employees of twenty-five dollars ($25.00) or less. -- 1 of 2 -- (5) The Division of Accounts of the Department of Finance and Administration may develop procedures, consistent with these rules, for the submission and processing of write-off requests.

History

• Authority: T.C.A. §§4-5-202 and 4-4-120.
• Administrative History: Original rule filed February 1, 2002; effective June 28, 2002. -- 2 of 2 --

Chapter 0620-01-10 Procedures for Returned Checks

Tenn. Comp. R. & Regs. 0620-01-10-.01 INTRODUCTION

(1)The Department of Finance and Administration has been granted authority over certain accounting and budget functions of state government. The Department has been directed by the Legislature to develop and implement a policy, with the State Treasurer and approval of the Comptroller, to recover the State’s costs associated with checks, warrants, or drafts deposited to a state account that are subsequently returned unpaid to the drawer’s bank. These regulations establish procedures to ensure that the State government pursues all available recourses in the event it receives payment in a form that is not honored by the financial institution on which the payment is drawn.

History

• Authority: Public Acts of 1988, Chapter 1037, Section 41, Item 30.
• Administrative History: Original rule filed May 30, 2001; effective August 13, 2001.

Tenn. Comp. R. & Regs. 0620-01-10-.02 REMEDIES FOR PAYMENTS TO THE STATE WITH DISHONORED FINANCIAL

INSTRUMENTS.

(1)In the event that any State department or agency is paid by check, draft, or warrant deposited to a State account that is subsequently returned unpaid to the drawer’s bank, such department or agency shall undertake the following actions:

(a)Assess the handling charge against the maker or drawer of a check, warrant, or order which is not paid by the drawee due to insufficient or no funds, as authorized by T.C.A. § 47-29-102.

Requests for an exception should be submitted to the Director of Statewide Accounting, Division of Accounts, Department of Finance and Administration for review and approval.

(b)If the check, warrant, or draft was used to obtain a license or permit, refer the matter to the appropriate agency, board, or commission for possible disciplinary or remedial action, up to and including revocation of the license or permit if available under applicable law.

(c)Utilize any available authority in applicable contracts, payment agreements, statutes, or regulations to recover the costs associated with recovery of the account on which the check, draft, or order was given, including interest and attorney’s fees.

(d)To the extent that goods or services were paid for by such a check, draft, or order, take whatever actions are needed to recover the value of such goods and services and terminate the ongoing provision of goods or services.

(e)If the drawer of the check, draft, or order is entitled to any money from the public treasury of the State, take action to prevent such payments until the debt to the State is satisfied under the

authority of T.C.A. § 9-4-604.

(f)If the drawer of the check, draft, or order is a state employee, seek assistance from the employing agency to recover the funds.

(g)If the check, draft, or order was not paid by the drawee bank due to an error of that bank, or another action that the agency considers not attributable to the intentional act or negligence of the drawer of the instrument, the agency shall waive the penalties provided by this Chapter.

(h)All actions taken under this Chapter shall be in accordance with and subject to any applicable Constitutional, statutory, and regulatory requirements under State and Federal law, including the due process requirements and the bankruptcy code. Agencies shall consult with staff attorneys and/or the Attorney General if necessary to obtain legal advice and assistance in complying with applicable laws and enforcing the State’s remedies.

(2)To the extent that the State is required to use a collection agency to obtain recovery on the account, assess the fee authorized by T.C.A. § 62-20-115 to the extent that this statute is applicable to the account at issue.

History

• Authority: Public Acts of 1988, Chapter 1037, Section 41, Item 30.
• Administrative History: Original rule filed May 30, 2001; effective August 13, 2001.

Chapter 0620-02-01 Repealed

Tenn. Comp. R. & Regs. 0620-02-01 Repealed

RULES

OF DEPARTMENT OF FINANCE AND ADMINISTRATION

REAL PROPERTY MANAGEMENT DIVISION

ADMINISTRATIVE MANUAL

REPEALED -- 1 of 1 --

Chapter 0620-02-02 Repealed

Tenn. Comp. R. & Regs. 0620-02-02 Repealed

RULES

OF DEPARTMENT OF FINANCE AND ADMINISTRATION

REAL PROPERTY MANAGEMENT DIVISION

LAND ACQUISITION AND DISPOSAL

STATE OF TENNESSEE

REPEALED -- 1 of 1 --

Chapter 0620-02-03 Rules Regarding Minimum Building Specifications on Handicapped Accessibility

Tenn. Comp. R. & Regs. 0620-02-03-.01 PURPOSE

The purpose of these amendments is to establish certain minimum specifications in the construction, enlargement, or substantial alteration or repair of public buildings in the State of Tennessee to make such buildings accessible to and usable by the physically handicapped.

History

• Authority: T.C.A. §68—18—204.
• Administrative History: Original rule filed March 13, 1990; effective June 26, 1990. Amendment filed August 12, 1996; effective December 29, 1996.

Tenn. Comp. R. & Regs. 0620-02-03-.02 HANDICAP ACCESSIBILITY STANDARDS

(1)It is hereby established that the minimum specifications for handicap accessibility for any public building which is constructed, enlarged, or substantially altered or repaired within the State of Tennessee shall be either those set forth in the CABO/ANSI A117.1-1992 “Accessible and Usable Buildings and Facilities” or in Volume 1-C, North Carolina State Building Code entitled, “Making Buildings and Facilities Accessible to and Usable by the Physically Handicapped,” 1991 Edition and including the 1996 revisions. A copy of the CABO/ANSI A117.1-1992 “Accessible and Usable Buildings and Facilities” or of Volume 1-C of the North Carolina Building Code 1991 Edition, including 1996 revisions, can be obtained in the State Fire Marshal’s Office, 500 James Robertson Parkway, Third Floor, Nashville, Tennessee.

History

• Authority: T.C.A. §68—18—204.
• Administrative History: Original rule filed March 13, 1990; effective June 26, 1990.

Chapter 0620-03-01 Repealed

Tenn. Comp. R. & Regs. 0620-03-01-.01 REPEALED

History

• Authority: T.C.A. §§ 4-3-1001, et seq.; 4-4-103; and 4-5-201, et seq. Administrative History. Original rule filed December 1, 1975, effective February 13, 1976. Repeal filed March 26, 2025; effective June 24, 2025.

Tenn. Comp. R. & Regs. 0620-03-01-.04 REPEALED

History

• Authority: T.C.A. §§ 4-3-1001, et seq.; 4-4-103; and 4-5-201, et seq. Administrative History. Original rule filed December 1, 1975, effective February 13, 1976. Repeal filed March 26, 2025; effective June 24, 2025.

Tenn. Comp. R. & Regs. 0620-03-01-.02 REPEALED

History

• Authority: T.C.A. §§ 4-3-1001, et seq.; 4-4-103; and 4-5-201, et seq. Administrative History. Original rule filed December 1, 1975, effective February 13, 1976. Repeal filed March 26, 2025; effective June 24, 2025.

Tenn. Comp. R. & Regs. 0620-03-01-.03 REPEALED

History

• Authority: T.C.A. §§ 4-3-1001, et seq.; 4-4-103; and 4-5-201, et seq. Administrative History. Original rule filed December 1, 1975, effective February 13, 1976. Repeal filed March 26, 2025; effective June 24, 2025.

Chapter 0620-03-02 Policy and Procedures Regarding the Performance of Services by a State Employee for a State Agency Other Than the One By Which They Are Employed

Tenn. Comp. R. & Regs. 0620-03-02-.01 COMPENSATION ALLOWABLE ONLY AS PROVIDED

Employees of departments, agencies and institutions of the state government may perform for other state agencies services for which compensation is expected only in the manner and under the conditions set forth below:

(1) Policy (a) No compensation for such services shall be available to any commissioner or commissioner-level personnel.

(b) No employee shall receive any compensation for such services unless they are performed at times when the employee is not on duty in his or her regular position.

(c) It is state policy that a full-time employee of an agency of the state government should devote his full working time to his position. An arrangement shall therefore not be approved if it will diminish the time such an employee will have available for the performance of his regular duties.

1. Exceptions to the policy stated in this paragraph may be made upon submittal, with the memorandum described in paragraph (2)(a) below, of a statement of justification setting forth special circumstances, and upon approval of the Commissioner of Finance and Administration.

2. Any exception arrangements so approved shall be filed, along with a copy of the justification statement, with the office of the Comptroller of the Treasury.

(d) Compensation shall not exceed the rate the procuring agency normally pays for such services.

(e) Conflicts of interest shall be avoided.

(2) Procedures (a) Memorandum requesting approval 1. The arrangement shall be described in memorandum form, which shall include a description of the services to be performed, the name and social security number of the state employee, and the compensation to be paid.

2. The memorandum shall be approved by the head of the employer agency and the head of the agency procuring the services, and copies shall be filed with the THAN THE ONE BY WHICH HE IS EMPLOYED Budget Division of the Department of Finance and Administration and the Department of Personnel.

3. In the event the compensation to the employee will not exceed $1,500, no further approvals are necessary. For arrangements calling for more than $1,500 in compensation to the employee, the advance written approval of the Budget Division of the Department of Finance and Administration shall be required.

4. A blank form memorandum which may be used for this purpose is attached as

rule 0620-03-02−.02 (Appendix I to this rule).

(b) Compensation − Compensation to the employee shall be by the following means:

1. The funds shall be payable through the personnel system of the employer agency and be shown on the records as additional earnings.

2. Payment shall be authorized by a supplemental pay authorization, subjecting the additional earnings to income tax, social security and retirement deduction.

(c) Reimbursement to employer agency − The procuring agency shall reimburse the employer agency in the amount of actual cost as follows:

1. Payment shall be made by journal voucher (in the case of Executive branch agencies) or by check (in the case of Higher Education).

2. If the employer agency makes a contribution for social security and retirement, the amount of that contribution shall be included in the reimbursement between the two agencies.

History

• Authority: T.C.A. § 8-23-201 (c).
• Administrative History: Original rule filed April 14, 1976; effective May 14, 1976. Repealed and new rule filed May 16, 1980; effective August 27, 1980. Repeal and new rule filed March 29, 1984; effective June 12, 1984.

Tenn. Comp. R. & Regs. 0620-03-02-.02 APPENDIX TO RULE 0620-03-02-.01 − FORM

MEMORANDUM OF AGREEMENT

FOR EMPLOYEE SERVICES

(Dual Services) _____________________________________ ____________________________________ Vendor Agency Procuring Agency THIS MEMORANDUM signifies agreement of the above parties concerning the provision of employee services. The agreement is as follows:

1. Vendor Agency agrees to furnish the services of its employee _____________________________________________________________, Social Security No. ____________, who will perform the following services for Procuring Agency: ____________________________________________________________________________________ ____________________________________________ THAN THE ONE BY WHICH HE IS EMPLOYED 2. Compensation to employee $ (payable through Vendor’s personnel system by supplemental pay authorization). Reimbursement by Procuring Agency to Vendor Agency (includes cost of any applicable staff benefits to Vendor’s employee for service under this agreement) $.

2. Payment will be made by Procuring Agency after completion of service and after receipt of invoice from Vendor Agency, mailed to the following address: _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ 4. Term: ________________________________________________________________________________ Dated This ______________________ day of ________________, 19.

(Vendor Agency) (Procuring Agency)

By: __________________________________ By:____________________________________ Title: _________________________________ Title: __________________________________ *Department of Finance and Administration By: ________________________________________ *This approval necessary only if compensation to the Vendor’s employee is to exceed $1,500.

History

• Authority: T.C.A. § 8-23-201(c).
• Administrative History: Original rule filed April 14, 1976; effective May 14, 1976. Repeal and new rule filed May 16, 1980; effective August 27, 1980. Repeal and new rule filed March 29, 1984; effective June 12, 1984.

Tenn. Comp. R. & Regs. 0620-03-02-.03 REPEALED

History

• Authority: § 64 of Chapter 380 of the Public Acts of 1975 and T.C.A. § 4-3253.
• Administrative History: Original rule filed April 14, 1976; effective May 14, 1976. Repeal and new rule filed May 16, 1980; effective August 27, 1980.

Tenn. Comp. R. & Regs. 0620-03-02-.04 REPEALED

History

• Authority: § 64 of Chapter 380 of the Public Acts of 1975 and T.C.A. § 4-3252.
• Administrative History: Original rule filed April 14, 1976; effective May 14, 1976. Repeal and new rule filed May 16, 1980; effective August 27, 1980.

Chapter 0620-03-03 Repealed

Tenn. Comp. R. & Regs. 0620-03-03-.01 REPEALED

History

• Authority: § 4-56-104.
• Administrative History: Original rule filed March 2, 1977; effective April 1, 1977. Amendment filed November 8, 2001; effective March 30, 2002. Repeal filed October 22, 2013; effective January 20, 2014.

Tenn. Comp. R. & Regs. 0620-03-03-.02 REPEALED

History

• Authority: § 4-56-104.
• Administrative History: Original rule filed March 2, 1977; effective April 1, 1977. Amendment filed November 8, 2001; effective March 30, 2002. Repeal filed October 22, 2013; effective January 20, 2014.

Tenn. Comp. R. & Regs. 0620-03-03-.03 REPEALED

History

• Authority: § 4-56-104.
• Administrative History: Original rule filed March 2, 1977; effective April 1, 1977. Amendment filed November 8, 2001; effective March 30, 2002. Repeal filed October 22, 2013; effective January 20, 2014.

Tenn. Comp. R. & Regs. 0620-03-03-.04 REPEALED

History

• Authority: T.C.A. § 4-56-104.
• Administrative History: Original rule filed March 2, 1977; effective April 1, 1977. Amendment filed April 18, 1994; effective August 28, 1994. Amendment filed November 8, 2001; effective March 30, 2002. Repeal filed October 22, 2013; effective January 20, 2014.

Tenn. Comp. R. & Regs. 0620-03-03-.05 REPEALED

History

• Authority: § 4-56-104.
• Administrative History: Original rule filed March 2, 1977; effective April 1, 1977. Amendment filed November 8, 2001; effective March 30, 2002. Repeal filed October 22, 2013; effective January 20, 2014.

Tenn. Comp. R. & Regs. 0620-03-03-.06 REPEALED

History

• Authority: § 4-56-104.
• Administrative History: Original rule filed March 2, 1977; effective April 1, 1977. Amendment filed November 8, 2001; effective March 30, 2002. Repeal filed October 22, 2013; effective January 20, 2014. -- 1 of 2 --

Tenn. Comp. R. & Regs. 0620-03-03-.07 REPEALED

History

• Authority: § 4-56-104.
• Administrative History: Original rule filed March 2, 1977; effective April 1, 1977. Amendment filed November 8, 2001; effective March 30, 2002. Repeal filed October 22, 2013; effective January 20, 2014.

Tenn. Comp. R. & Regs. 0620-03-03-.08 REPEALED

History

• Authority: § 4-56-104.
• Administrative History: Original rule filed March 2, 1977; effective April 1, 1977. Amendment filed November 8, 2001; effective March 30, 2002. Repeal filed October 22, 2013; effective January 20, 2014.

Tenn. Comp. R. & Regs. 0620-03-03-.09 REPEALED

History

• Authority: § 4-56-104.
• Administrative History: Original Rule filed March 2, 1977; effective April 1, 1977. Amendment filed November 8, 2001; effective March 30, 2002. Repeal filed October 22, 2013; effective January 20, 2014.

Tenn. Comp. R. & Regs. 0620-03-03-.10 REPEALED

History

• Authority: § 4-5-6-104.
• Administrative History: Original rule filed March 2, 1977; effective April 1, 1977. Amendment filed November 8, 2001; effective March 30, 2002. Repeal filed October 22, 2013; effective January 20, 2014.

Tenn. Comp. R. & Regs. 0620-03-03-.11 REPEALED

History

• Authority: § 4-56-104.
• Administrative History: Original rule filed March 2, 1977; effective April 1, 1977. Amendment filed November 8, 2001; effective March 30, 2002. Repeal filed October 22, 2013; effective January 20, 2014.

Tenn. Comp. R. & Regs. 0620-03-03-.12 REPEALED

History

• Authority: § 4-56-104.
• Administrative History: Original Rule filed March 2, 1977; effective April 1, 1977. Amendment filed November 8, 2001; effective March 30, 2002. Repeal filed October 22, 2013; effective January 20, 2014.

Tenn. Comp. R. & Regs. 0620-03-03-.13 REPEALED

History

• Authority: § 4-56-104.
• Administrative History: Original Rule filed March 2, 1977; effective April 1, 1977. Amendment filed November 8, 2001; effective March 30, 2002. Repeal filed October 22, 2013; effective January 20, 2014.

Tenn. Comp. R. & Regs. 0620-03-03-.14 REPEALED

History

• Authority: § 4-56-104.
• Administrative History: Original Rule filed March 2, 1977; effective April 1, 1977. Repeal filed November 8, 2001; effective March 30, 2002. Repeal filed October 22, 2013; effective January 20, 2014.

Tenn. Comp. R. & Regs. 0620-03-03-.15 REPEALED

History

• Authority: §4-56-104.
• Administrative History: Original Rule filed March 2, 1977; effective April 1, 1977. Repeal filed November 8, 2001; effective March 30, 2002. Repeal filed October 22, 2013; effective January 20, 2014. -- 2 of 2 --

Chapter 0620-03-04 Distribution of Funds From Hospital Services License Fee

Tenn. Comp. R. & Regs. 0620-03-04 Distribution of Funds From Hospital Services License Fee

RULES

OF DEPARTMENT OF FINANCE AND ADMINISTRATION

TABLE OF CONTENT 0620—3—4--.01 Purpose 0620—3—4--.02 Definitions 0620—3—4--.03 Distribution of Funds 0620--3--4--.01 PURPOSE.

The purpose of these regulations is to establish a methodology for distribution of the funds collected as a result of the hospital services license fee imposed by Public Chapter 434, Acts of 1989.

Authority: Public Chapter434, Acts of 1989. Administrative History: Original rule filed November 30, 1990; effective January 14, 1991.

0620--3--4--.02 DEFINITIONS.

The term “government subsides” as used in these rules refer to the amount of state tax appropriations and the amount of local government contributions reported under the heading of “Other Operating Revenue” found in the Hospitals’1987 Joint Annual Report.

Authority: Public Chapter 434, Acts of 1989, Administrative History: Original rule filed November 30, 1990; effective January 14, 1991.

0620--3--4--.03 DISTRIBUTION OF FUNDS.

(1) All funds created in the Indigent Health Care Risk Fund shall be distributed, less such amount for administrative cost as set forth in the General Appropriations Act.

(2) The distribution of funds shall be as follows:

(a) Determination of hospitals eligible to receive distribution.

1. For each hospital, there shall be computed a number which represents the total bad debt, charity and indigent care provided by the hospital divided by the hospital’s total gross patient charges. Such totals are to be determined by information provided in the Hospital’s 1987 Joint Annual Report.

2. Using the numbers computed in part (a) 1. above, an average shall be determined. Each hospital which either equals or exceeds the average shall then have another number determined based upon total government subsides to the hospital divided by total gross patient charges of the hospital. These totals are to be determined from the hospital’s 1987 Joint Annual Report.

3. When the numbers have been determined in part (a) 2. above, the mean of those numbers shall be determined. Those hospitals located two standard deviations or more above the mean shall be eligible to obtain the distribution of the funds.

(b) Determination of Distribution to Eligible Hospitals. -- 1 of 2 -- The amount of money received by any eligible hospital is the arithmetic product of two values:

1. An arithmetic quotient which results from dividing the total amount of funds to be distributed by the number of hospitals eligible to receive funds; and 2. An index value which is calculated by dividing a hospital’s actual ratio of government subsides to gross patient charges by the arithmetic average ratio of government subsidies to charges for all hospitals eligible to receive funds.

(3) Notwithstanding the provisions of paragraph (2), any hospital of less than 50 beds whose ratio of charges for bad debt, charity, and indigent care to gross patient charges is .25 or more shall receive $25,000.

(4) The Department of Finance and Administrations shall be responsible for determining which hospitals are entitled to a distribution from the fund as determined by these rules and the amount of that distribution. The Department of Finance and Administration shall then supply that information to the Department of Health and Environment prior to June 1 of every year. Pursuant to rules of the Department of Health and Environment, the amount of such distribution, if any, to a hospital shall be credited against the hospital services license fee due from that hospital.

Authority: Public Chapter 434, Act of 1989. Administrative History: Original rule filed November 30, 1990; effective January 14, 1991. -- 2 of 2 --

Chapter 0620-03-05 Qualifications for Certification of Members and Board Members of Judicial Drug Task Forces Relating to the Investigation and Prosecution of Drug Cases for the Purpose of State Liability Protection

Tenn. Comp. R. & Regs. 0620-03-05-.01 PURPOSE

The purpose of these regulations is to establish the criteria for certifying members of a judicial district task force relating to the investigation and prosecution of drug cases as state employees under T.C.A.§8-42-101. The regulations establish the maximum number of task force members that may be certified as state employees for purposes of T.C.A. §8-42-101. These rules also provide for qualifying board members of the judicial district task forces for purposes of state liability protection.

History

• Authority: Public Chapter 63, Acts of 1989.
• Administrative History: Original rule filed November 30, 1990; effective February 27, 1991.

Tenn. Comp. R. & Regs. 0620-03-05-.02 DEFINITIONS

The phrase “[t]he individual must be assigned to a judicial district drug task force…on a full-time basis” as used in these rules means any person employed by any municipality or county or political subdivision whose primary responsibility is the investigation and prosecution of drug cases and who is assigned by the chief law enforcement officer of that particular municipality or county or political subdivision to be a member of the judicial district drug task force that also serves in the capacity of an unpaid police officer participating in drug enforcement activities of the task force.

History

• Authority: Public Chapter 63, Acts of 1989.
• Administrative History: Original rule filed November 30, 1990; effective February 27, 1991.

Tenn. Comp. R. & Regs. 0620-03-05-.03 QUALIFICATIONS FOR CERTIFYING MEMBERS OF THE TASK FORCES

(1) In order for a member of a judicial district task force to be certified as a state employee under T.C.A. §8-42-101, the member must meet all of the following requirements:

(a) The individual must meet the qualifications of police officers as stated in T.C.A. §38-8-106;

(b) The individual must be certified by the Tennessee Peace Officer Standards and Training Commission in accordance with T.C.A. §38-8-107;

(c) In addition to the recruit training program required by T.C.A. §38-8-107, the individual must also receive additional training in narcotics enforcement procedures and techniques. Such additional training must be documented by the particular judicial district task force;

(d) The individual must be assigned to a judicial district task force as prescribed by T.C.A. §8- 7-110 on a full time basis; and -- 1 of 2 -- (e) The individual must be certified to the Board of Claims by the appropriate District Attorney General in accordance with Section 1 of Public Chapter No. 63.

(2) Whenever an individual no longer meets the criteria established in Section (1) of these Rules above, the appropriate District Attorney General shall promptly decertify the individual to the Board of Claims.

History

• Authority: Public Chapter 63, Acts of 1989.
• Administrative History: Original rule filed November 30, 1990; effective February 27, 1991. 0620-3-5-. 04 LIMITATION ON THE NUMBER OF CERTIFIED MEMBERS OF THE TASK FORCES. (1) The total number of members from all judicial district task forces for the purposes of qualifying as state employees under T.C.A. §8-42-101 shall not exceed one hundred thirty individuals. Authority: Public Chapter 63, Acts of 1989.

Tenn. Comp. R. & Regs. 0620-03-05-.05 QUALIFICATIONS FOR CERTIFYING MEMBERS OF THE BOARDS OF DIRECTORS

(1) In order to qualify, for purposes of state liability protection, as a member of the Board of Directors of a judicial district drug task force, the board member must meet the following qualifications:

(a) The individual must be serving as a member of the Board of Directors of a judicial district drug task force in accordance with its by-laws;

(b) The individual must be an officer or employee of a governmental agency participating in the task force through the furnishing of funds, personnel or equipment; and (c) The individual must be certified to the Board of Claims by the appropriate District Attorney General.

(2) Whenever an individual no longer meets the criteria established in section (1), the appropriate District Attorney General shall promptly decertify the individual to the Board of Claims

History

• Authority: Public Chapter 63, Acts of 1989.
• Administrative History: Original rule filed November 30, 1990; effective February 27, 1991. -- 2 of 2 --

Chapter 0620-03-06 Family Violence Shelter Standards

Tenn. Comp. R. & Regs. 0620-03-06-.01 BACKGROUND AND PURPOSE

(1)In July 1998, the Tennessee Department of Finance and Administration was designated the single state agency to administer the family violence programs funded with State monies under Public Chapter 930, Acts of 1984 (T.C.A. 71-6-201, et seq.) and for administering the Federal funds under the Family Violence Prevention and Services Act. The Department of Human Services previously administered these funds and had convened a subcommittee of the Family Violence and Child Abuse Prevention Advisory Committee to develop performance standards for family violence shelters and shelter services which obtained funding from this legislation.

(2)These performance standards developed for family violence shelters and shelter services are stated as minimum requirements to be addressed in order to receive funding from State and Federal family violence sources. Services provided through other funding sources or to individuals deemed ineligible under State or Federal guidelines are not subject to these performance standards.

(3)These performance standards:

(a)provide a framework within which family violence shelters can develop a secure environment for residents and within which quality shelter services can be organized, delivered and evaluated;

(b)define and describe the components of the service; and (c)delineate requirements which must be met during the service delivery process.

(4)Compliance with these standards is a condition of the contract between the Department and each agency which provides a family violence shelter and/or shelter services. Each agency must meet all the requirements established by the standards in order to be in full contractual compliance.

History

• Authority: T.C.A. §§4-5-202, 71-6-203(7), and Public Acts of 1998, Chapter 1135, Section 41, Item 44.
• Administrative History: Original rule filed August 7, 2001; effective December 28, 2001.

Tenn. Comp. R. & Regs. 0620-03-06-.02 INDIVIDUAL ELIGIBILITY REQUIREMENTS FOR FAMILY VIOLENCE SHELTER

AND/OR SHELTER SERVICES.

(1)To receive shelter and/or services, an individual (victim) must customarily reside in a household with the perpetrator; and be (2)An individual who has had his/her welfare put at risk by the perpetrator, or upon whom the perpetrator has caused or attempted to cause bodily injury or has established fear of imminent physical harm by threat or action.

(3)Individuals are eligible for services if they meet the above requirements, and are adults eighteen years of age or older or emancipated minors, regardless of sex, mental functioning, or handicap; or are (4)Children or dependent of the eligible individual.

(5)Some eligible individuals may be subject to Referral Services, as provided in rule 0620-3-6-.05(2)(b).

History

• Authority: T.C.A. §§4-5-202 and 71-6-203.
• Administrative History: Original rule filed August 7, 2001; effective December 28, 2001.

Tenn. Comp. R. & Regs. 0620-03-06-.03 PROGRAM REQUIREMENTS FOR FUNDING

Family violence programs funded with State monies under Title 71 Chapter 6 of Tennessee Code Annotated shall include, at minimum, a family violence shelter as defined below and a series of shelter services considered vital to the needs of the victim, children and dependents. Shelter services shall be available to eligible individuals whether or not residency in a shelter is required. Shelter services may be provided within a shelter facility and/or outside a shelter facility. Minimum standards for Family Violence Shelters and Shelter Services as stated in rule 0620-3-6-.04 and 0620-3-6-.05, must be met in order to receive State funding. Eight core services must be provided for victims of family violence in a family violence program: Shelter, Telephone Crisis Hotline, Referral, Counseling for Family Violence Victims, Advocacy for Family Violence Victims, Transportation Arrangements, Follow-up, and Community Education.

History

• Authority: T.C.A. §§4-5-202 and 71-6-203.
• Administrative History: Original rule filed August 7, 2001; effective December 28, 2001.

Tenn. Comp. R. & Regs. 0620-03-06-.04 MINIMUM STANDARDS FOR FAMILY VIOLENCE SHELTERS

(1)Definitions - For purposes of this chapter, a Family Violence Shelter is a place where only family violence victims, their children, and dependents can seek temporary refuge 24 hours a day, seven days a week, 365 days a year. This definition includes a program which operates a shelter under which safe homes or commercial lodgings are used as a refuge for family violence victims, their children and dependents. Commercial lodging is the least acceptable residential service to be provided. Standards which apply to safe homes and commercial lodging are outlined in paragraphs 3 and 4. Shelter facilities must have confidential locations and be located in separate facilities that exclusively serve family violence victims and their dependents. Eligible programs must have some form of shelter at the time of application with definite plans of opening a facility with a confidential location.

(2)Physical Plant-Shelter (a)The Department shall review shelter programs to determine compliance with certain requirements pertaining to fire, health and safety. Compliance with the requirements of Chapter 21 of the Life Safety Code (Fire Standards) to become effective July 1, 1992, incorporated herein by reference, however, shall not relieve the agency from the legal responsibility of complying with all other applicable health and safety codes and standards. The following requirements will be monitored by the Department. 1.No lead paint or peeling paint in the shelter or on shelter walls, furniture, cabinets, doors, windows, stairs, and porches; and 2.All hazardous material must be safely secured and stored away from the reach of children. 3.All electrical outlets not in use must contain child proof plugs.

(b)A shelter program must have arrangements for the provision of food. In a shelter, this includes access to cooking facilities, refrigeration and utensils or equipment.

(c)A shelter program must have bathing, lavatory and toilet facilities available on the premises.

The shelter program will provide access to laundry facilities.

(d)A shelter program must have sleeping beds available for each person in residence. Cribs or playpens must be available for infants and toddlers.

(e)A shelter program must provide a centrally located secure storage for medication belonging to residents.

(f)A shelter program must provide residents access to telephone communications.

(g)A shelter program must provide that all external entrances or exits, including doors, windows, skylights, cellars, etc., are securable.

(h)A shelter program must provide access to supplies for personal hygiene of the residents.

(i)A shelter program must provide a reasonably safe and comfortable environment in which to reside, which includes heat, ventilation, and cleanliness. A shelter must have adequate heating and equipment to be comfortable whenever necessary. A shelter must have carbon monoxide detectors installed and centrally located, if gas appliances are used.

(j)A shelter program must prohibit possession and use of weapons, alcohol or illegal drugs on its premises.

(k)A shelter program must have a secure play space for children and appropriate play equipment.

(3)Program-Shelter, Safe Home, Commercial Lodging (a)A shelter program must provide all residents of their facility an orientation to the premises. This orientation will also include an explanation of facility rules, rights and responsibilities of the residents and the operating procedure of the facility.

(b)A shelter program must have a written policy which establishes 24 hour immediate access to staff or trained volunteers. This access may include an individual on the premises or on-call.

This access must be available to residents in shelters, safe homes, or commercial lodging. This policy must be made available to all residents.

(c)A shelter program must have a written plan for fire and/or tornado evacuation. Evacuation plans must be posted; and reviewed during orientation. Fire and tornado drills must be held periodically.

(d)A shelter program must have a written policy concerning the security of resident’s belongings.

(e)A shelter program must have a written policy which provides for security and confidentiality of residents’ location. This policy must include procedures regarding intruders or trespassers, contact with law enforcement, and access to staff or the designated person 24 hours a day.

(f)A shelter program must provide access to a telephone and have a written policy for utilization of the telephone by residents.

(g)A shelter must have a written policy and procedure for emergency medical needs and routine medical needs of shelter residents.

(h)A shelter program must have services for child residents which include: 1.Staff or volunteers trained to meet needs of children. 2.Provisions of counseling and/or advocacy for children. 3.Provisions for adequate and secure indoor play space and recreational activities. Outdoor space, where available, should be adequate and secure. 4Age appropriate intervention activities based on needs of individual child. 5.Written policy concerning educational plan for children in the shelter. 6.Written policy concerning non-violent discipline to be practiced by staff and residents alike. 7.Written policy regarding child care. 8.Written policy and procedure regarding and requiring reporting of child abuse to the Department of Children’s Services. 9.Written policy regarding the rights and responsibilities of children and an orientation of these children, where age appropriate, to these rights and responsibilities. 10.Provision of infant care seats when transporting young children.

(4)Safe Homes/Commercial Lodging - Standards described in section 3 apply to shelter, safe homes, and commercial lodging as residential services. Additional standards specifically for safe homes and commercial lodging include:

(a)The shelter program must have a written process for the selection and continued evaluation of safe homes.

(b)The shelter program must provide adequate and appropriate training for safe home providers.

(c)Safe home providers must have a written statement of rights and responsibilities provided by the shelter program.

(d)Safe homes must provide sleeping privacy for guests and access to bathing and laundry facilities, food and telephone access.

(e)The shelter program will assure that residents of a safe home system or commercial lodging have equal access to all the core services including daily contact by staff or trained volunteer.

(f)Although commercial lodging is available for use by shelter programs, it is the least preferable type of residential service. Programs are encouraged to develop a safe home network system or ideally a shelter facility for permanent residential services to assure quality service delivery.

History

• Authority: T.C.A. §§4-5-202, 71-6-201, 71-6-203(7), 71-6-204, and Public Acts of 1998, Chapter 1135, Section 41, Item 44.
• Administrative History: Original rule filed August 7, 2001; effective December 28, 2001.

Tenn. Comp. R. & Regs. 0620-03-06-.05 MINIMUM REQUIREMENTS FOR SHELTER SERVICES

(1)Definitions - For purposes of this chapter, Shelter Services are activities which are provided to eligible victims of family violence, their children and dependents as part of an organized program which may or may not include residential services through a family violence shelter. The program of shelter services should be organized to include all of the described core services which are basic to the needs of the victim, their children and dependents.

(2)Core Services (a)Twenty-four Hour Access to Telephone Crisis Hotline. This service may be a contracted service, may be operated directly by staff or trained volunteers, or may be on call forwarding system if available. Answering machines may not be used, except in localities where call forwarding is not available. Then, the answering machine may be used only for restricted periods of time, up to a maximum of one hour per usage. The immediate return of calls received on an answering machine or through the contracted service is required.

(b)Referral. Appropriate linkage and access to community resources to meet the needs of the victims or their children or dependents is required These linkages may include community services such as medical, legal, judicial, mental health, educational, housing, employment, financial and in-kind assistance, social, alcohol and drug rehabilitation and protective services for adults and children. Individuals who are eligible for shelter or shelter services, but who cannot be served in a program, shall receive referral services to a more appropriate program.

(c)Counseling for Family Violence Victims. This service may be provided on the telephone, or on an individual or group basis by the staff of the program or trained volunteers. This service must be provided to the victim. Children, dependents and significant family or support individuals may receive counseling on behalf of the victim. This service contrasts to therapy provided through a mental health service which is not a core service for intervention with victims of family violence. Individuals who require therapy in addition to counseling as part of their plan of service must be referred to mental health services within the community. 1.The following types of counseling must be available:

(i)crisis intervention.

(ii)support counseling.

(iii)information sharing on domestic violence dynamics and other related issues.

(iv)individual planning to include assessment, goal and resource development, and evaluation.

(v)safety planning.

(d)Advocacy for Family Violence Victims. Advocacy for family violence victims shall occur at two levels in order to assure impact on the needs of the victims, children and dependents: individual advocacy and systems advocacy. 1.Individual advocacy should include the following types of activities:

(i)preparation in using other community resources.

(ii)identification of significant individuals to contact.

(iii)establishing linkage with community resources.

(iv)facilitating provision of services.

(v)providing accompaniment and support to the victim. 2.Systems advocacy includes intervention with such organizations as medical, legal, judicial, educational, financial, social, mental health, transportation, law enforcement, religious, housing and employment. 3.Advocacy activities within these organizations may include:

(i)establishing and maintaining linkage with community agencies and individuals.

(ii)training community agencies.

(iii)participating in appropriate professional organization and community services network.

(e)Transportation Arrangements. This service may be provided by the most appropriate means for the area. Transportation arrangements may be provided by staff or volunteers in personal vehicles, commercial vehicles such as bus or cab, by local law enforcement officials, or by human service agency representatives. The client is encouraged to provide or arrange for transportation service when possible.

(f)Follow-Up. Follow-up service is specifically designed for individuals who have been residents of a shelter, safe home or commercial lodging. Follow-up services may include any of the core services to assist in stabilizing the victim's circumstances. Continued involvement of the program, type of follow-up service, and length of time available shall be determined by the client whenever possible or appropriate. Programs, whose follow-up service formalized for research or data purposes, must respect the victim’s safety and confidentiality. Recontact for any purpose may be conducted only with the victim’s written prior approval.

(g)Community Education. This service must be provided by staff or trained volunteers through public awareness campaigns, public speaking, training activities, and media messages with the following objectives in mind. 1.informing the community of the services available. 2.educating the community or specific groups on the issues of family violence.

History

• Authority: T.C.A. §§4-5-202 and 71-6-203.
• Administrative History: Original rule filed August 7, 2001; effective December 28, 2001.

Tenn. Comp. R. & Regs. 0620-03-06-.06 COUNSELING FOR PERPETRATORS

(1)The primary focus of program services is to meet the needs of victims of family violence, their children or dependents. However, the law allows for the provision of services to the perpetrator. Programs may elect to provide services which target the perpetrator’s needs only after all core services for the victims and their children and dependents are fully developed.

(2)A shelter program may operate their own perpetrator’s program or may contract with an independent program in the community. Program staff time may be used for the training of providers, referrals, court liaison work, and follow-up.

(3)Shelter programs which provide direct services to perpetrators or have staff linkage to perpetrator programs must:

(a)Operate with a philosophical base which recognizes battering as a crime, and as a responsibility of the perpetrator; which acknowledges battering as a complex issue which involves power struggles wherein one individual or group uses violence to exert control or maintain control over another; which recognizes that battering has been condoned and perpetrated by systems of discrimination in our society.

(b)Maintain a separate advisory committee for the perpetrator program and the victim program.

(c)Allow court mandated or voluntary program designs. A court mandated design shall maintain clearly enforceable consequences for non-compliance by the perpetrator.

(d)Operate the perpetrator program in a separate location from that which serves the victim, their children and/or dependents.

(e)Maintain direct contact with the victim’s shelter program to ensure the continue safety of the victim, child and dependents.

(f)Assure the right of confidentiality of and between the perpetrator and victim.

(g)Assure that the provision of services to either the victim or the perpetrator is not conditional or contingent upon participation of either in the other’s service plan.

History

• Authority: T.C.A. §§4-5-202 and 71-6-203.
• Administrative History: Original rule filed August 7, 2001; effective December 28, 2001.

Tenn. Comp. R. & Regs. 0620-03-06-.07 PROGRAM ADMINISTRATION

(1)The program must have a written non-discrimination policy with regard to sex, race, religion, sexual preference, national origin, disability, age or marital status in administering the program and in determining eligibility for the provision of service.

(2)Each program must have written rules, regulations and statement of rights which are given to shelter residents and made available to non-residents as appropriate as part of the intake process. These should include:

(a)an explanation of services available;

(b)house rules, as appropriate;

(c)confidentiality;

(d)reasons and process for termination from program;

(e)program length of stay, availability of extension, and the process for re-entry to program;

(f)policy and procedures for child abuse reporting; and adult abuse reporting;

(g)grievance procedures.

(3)Termination of Shelter/Services to Individuals. Program policy regarding termination must require:

(a)notification to the individual in writing and verbally of decision, reasons for termination and right and process of appeal;

(b)notification, in writing, of services available from program to facilitate termination process;

(c)the knowledge and approval of the program director or designee for all terminations.

(4)Grievance Procedures. Program policy regarding grievances shall require:

(a)procedures which clearly describe the lines of decision-making for appeals;

(b)appeals to be submitted in writing within 24 hours of the event;

(c)response to an appeal at each level to be within 24 hours and in writing;

(d)a copy of the grievance, supportive information and disposition of the appeal be maintained in the individual’s file.

(5)Confidentiality. Program policy regarding confidentiality must require:

(a)The shelter program to have a written policy regarding the disclosure of information about any program participant. This policy will specify procedure regarding release of client information to include who may release information, what types of information may be released, to what resources the information may be released, and under what conditions information may be released.

(b)Prior written consent of the program participant to release any information is required except under four conditions: 1.disclosure for medical emergency; 2.disclosure to legal guardian of a program participant who has been legally declared incompetent; 3.disclosure for reporting of child abuse or adult abuse; and 4.disclosure required by subpoena or for monitoring and auditing purposes.

(c)No person can be compelled to provide testimony or documentary evidence in a criminal, civil or administrative proceedings which would identify the address or location of a shelter.

(d)In any proceeding involving the shelter or a person staying at a shelter, the sheriff shall serve any legal papers or process by contacting the shelter by telephone and making arrangements for service of the papers or process on the shelter or the person staying at the shelter.

(e)No records treated as confidential under T.C.A. 36-3-623 shall be disclosed except as permitted by that statute or other applicable law.

(6)Evaluation (a)The shelter program must provide a mechanism for participant evaluation of services provided.

(b)The shelter program must provide for an annual evaluation of its established goals and objectives.

History

• Authority: T.C.A. §§4-5-202, 71-6-203(7), 71-6-208, and Public Acts of 1998, Chapter 1135, Section 41, Item 44.
• Administrative History: Original rule filed August 7, 2001; effective December 28, 2001.

Tenn. Comp. R. & Regs. 0620-03-06-.08 SERVICE DELIVERY PROCESS

(1)The goal of all service delivery is to provide for crisis intervention and continued safety for the victim, children and dependents and to empower the victim to meet self-determined goals. The service delivery process involve four areas: intake, assessment, case plans, and case records. Staff and supervised trained volunteers may provide services.

(2)Intake. The shelter program must have written policy regarding intake procedures. The policy shall address:

(a)availability of intake 24 hours a day, seven days a week.

(b)type and extent of information required to determine and document eligibility.

(c)procedure to assess immediate needs, including safety, and to determine appropriate services or referral, and (d)clarification of access to program services.

(3)Assessment. The shelter program must provide on-going assessment of each eligible participant and their situation. This assessment constitutes the basis upon which the service plan and safety plan are developed with each of the participants. The assessment is influenced by the following factors:

(a)the circumstances of the victims such as their age, physical condition and emotional state, and their level of danger or risk.

(b)responsibilities for children or dependents and their needs.

(c)strength of and access to family relationships and support networks.

(d)educational and personal skills levels, and economic resources available to structure a level of service provision.

(e)progress in achieving goals established in service plan (relates to assessment prior to development of safety plan).

(4)Case Plans (a)Three plans are available to structure service provisions for the eligible victim. Each of these plans is developed with the full participation and involvement of the victim. Each is outlined below.

(b)The first plan is termed a service plan. The plan will identify a goal, and outline the services and resources necessary to meet the goal and facilitate the safety of the individual. In addition, the plan will identify the staff responsible for coordination of service provisions and estimate the time frames for provision of the services.

(c)The second plan is the safety plan. This plan is developed with the full participation of staff or trained volunteers. The victim does not have to be a resident of a shelter facility to develop a safety plan. This plan is designed to give the victim options, and a plan of action, once the victim leaves the shelter or is thinking about leaving their abuser. Children should also complete a safety plan, when age appropriate.

(d)The third plan is the exit plan. This plan is developed, if possible, at the time the victim leaves the shelter. Such a plan may also be in order at the time the victim completed a shelter service.

The exit plan will contain a brief synopsis or checkoff indicating progress on service provided.

It will designate additional services needed and potential resources for those services. The safety plan is an integral part of the exit plan. During the development of the exit plan, the victim shall be notified of the availability of continued or additional services if re-entry is required. The victim must be provided an opportunity to evaluate the program of services.

(5)Case Records (a)Case records are required on each participant. The case record must reflect the range of services provided to the victim, including services provided to children, dependents and perpetrator.

Documentation of services provided must be brief and concise; documentation should be recorded in a professional manner. Documentation may vary from a single page form which documents a hot-line call to a full case narrative.

(b)Each case record, residential and non-residential must contain, as appropriate: 1.intake information. 2.assessment. 3.service plan. 4.exit plan which includes follow-up. 5.safety plan.

(c)In addition, residential records shall include: 1.health releases for participants. 2.release of information forms. 3.a copy of the rules, rights and responsibility sheet of the shelter which reflects the signature of the resident(s).

History

• Authority: T.C.A. §§4-5-202, 71-6-201, 71-6-203, and Public Acts of 1998, Chapter 1135, Section 41, Item 44.
• Administrative History: Original rule filed August 7, 2001; effective December 28, 2001.

Tenn. Comp. R. & Regs. 0620-03-06-.09 AGENCY REQUIREMENTS

(1)Administration (a)The program administration must assure, to the extent feasible, that any funds allocated for family violence shelter or shelter services will be used to provide services in addition to those already provided by the Department of Finance and Administration.

(b)The program administration must be incorporated as a not-for-profit corporation, and be taxexempt under section 501 of the Internal Revenue Code.

(c)The program administration shall comply with T.C.A. §§37-1-403, 37-1-605 and 71-6-103 by reporting cases of suspected abuse of children to the Department of Children’s Services and suspected cases of abuse of adults to the Department of Human Services.

(d)The program administration must submit an annual report of each service funded to include as a minimum the following: statistics on the number and type of persons requesting services; the number of persons served; the type of service rendered and a general description of the social and economic characteristics of the person served; the number and type of referrals, including medical, legal and education services, made to other community resources; and any other information as may be required by the Department. No information contained in the report shall identify any person served or enable any person to determine the identity of such a person.

(e)The program administration shall be in compliance with the Title VI and VII of the Civil Rights Act of 1964, as amended, the Age Discrimination Act of 1975, Section 504 of the Rehabilitation Act of 1973, and the Pro-Children’s Act of 1994 (Public Law 103-227, Part C. Environmental Tobacco Smoke).

(2)Governing Boards (a)All agencies must have a governing board which meets regularly with staff.

(b)All shelter programs which are incorporated in umbrella agencies must have a separate advisory body in addition to the governing board.

(c)A designated member of the advisory body must serve on the governing boards.

(d)Membership on the governing board or the advisory body, in the case of a shelter program incorporated into an umbrella agency, must consist of individuals who reside in the community served by the shelter program, who have an understanding of the problem of family violence, who have an interest in the prevention of family violence and who have an interest in the development and provision of services to victims of family violence.

(e)Membership of the governing or advisory body should be broad based, must reflect the racial and ethnic composition of the community served and should include representative victims of family violence.

(f)Women should hold a significant proportion of key decision-making positions on the governing board or advisory body.

(g)Board members must not be related by blood or marriage to other board members or staff, and must use good judgement to avoid even the appearance of a conflict of interest.

(3)Personnel Requirements (a)The governing body must adopt and have implemented written program personnel policies which are reviewed annually. These policies, which pertain to paid personnel only, must address: 1.non-discrimination in regard to sex, race, religion, sexual preference, national origin, disability, age or marital status; 2.recruitment, selection, promotion, and termination; 3.benefits; 4.vacation, sick leave and annual leave accrual, compensatory time; 5.rules of conduct; 6.disciplinary actions; 7.grievances; 8.supervision; and 9.written work performance evaluation.

(b)Written job descriptions for all program positions must be available. These written descriptions shall include but not be limited to: 1.job title; 2.tasks and responsibilities of the job; 3.required skills, knowledge and experience; 4.salary range; and 5.lines of authority.

(4)Staff Requirements (a)All staff employed with a shelter should possess an understanding of the issues of family violence.

(b)Qualifications 1.program director: minimum requirements include a high school diploma or GED certification and additional life, work or educational experiences which apply to the duties and responsibilities outlined in the job description. 2.support staff: minimum requirements include life, work or educational experiences which apply to the duties and responsibilities outlined in the job description. Such support staff positions could include coordinators, direct service case workers, house managers secretarial, maintenance, bookkeepers, and other such professional service workers.

(c)Wage and Hour Requirements. The shelter program positions must be compensated in compliance with applicable federal and state laws which include the Fair Labor Standards Act.

(d)Orientation. The shelter program must provide for a staff orientation, to include: 1.insuring overall familiarization with the agency and program purpose, objectives, structure and policy; and 2.specific exposure to and training in the duties of the position.

(e)Staff Development. The shelter program must provide a written plan for staff development and training, to include: 1.initial training for new staff; 2.on-going training for personnel; 3.policy for leaves for conferences, classes or institutes; and 4.regular staff meetings for discussion of program, problems, policies and method of practice.

(f)Volunteers. A shelter program must have written policy and a plan on the use of all volunteers (direct service, maintenance, and transportation) to include: 1.an application filed and individual screening; 2.a full description of duties and rights, including confidentiality policy and practices; 3.provision for supervision; 4.provision of role appropriate orientation, initial training and on-going training; 5.guidelines and policy for termination; and 6.policies and procedures for contracting of volunteer services.

This policy shall assure non-discrimination in regard to sex, race, religion, sexual preference, national origin, disability, age or marital status in the recruitment, and selection of volunteers and in placement of assignment. Where possible, volunteers should be selected to reflect the racial and ethnic composition of the community served by the shelter program.

History

• Authority: T.C.A. §§4-5-202, 71-6-201, 71-6-203(7), 71-6-204, and Public Acts of 1998, Chapter 1135, Section 41, Item 44.
• Administrative History: Original rule filed August 7, 2001; effective December 28, 2001.

Chapter 0620-03-07 Allocation of Tax Revenues to Assist Economically Distressed Counties

Tenn. Comp. R. & Regs. 0620-03-07-.01 PURPOSE, SCOPE AND AUTHORITY

(1) Public Chapter 985 of 2014 amended Title 67, Chapter 6 of T.C.A. to create a program for allocation of certain sales tax revenues to assist economically distressed counties. The Department of Finance and Administration (Department) is granted certain responsibilities under Public Chapter 985 (Act).

(2) The Department is authorized to promulgate rules and regulations regarding its responsibilities under the Act.

History

• Authority: T.C.A. § 4-5-201 et seq. and 67-6-104.
• Administrative History: Original rule filed May 18, 2001; effective August 1, 2001. Amendment filed December 18, 2006; effective April 30, 2007. Repeal and new rule filed August 24, 2007; effective December 28, 2007. Repeal filed October 22, 2013; effective January 20, 2014. Emergency rule filed July 22, 2014; effective through January 18, 2015. Emergency rule filed July 22, 2014 expired effective January 18, 2015. On January 19, 2015, the rule reverted to its previous status. Original rule filed December 2, 2014; effective March 2, 2015.

Tenn. Comp. R. & Regs. 0620-03-07-.02 APPLICATION PROCESS

(1) An eligible county, municipality, or industrial development corporation established by such eligible county or municipality seeking to receive the allocation provided by the Act must submit an application to the Department. The Department will consider an application only if the following conditions are met:

(a) The application must be on a form approved by the Department.

(b) The application must be accompanied by payment of the non-refundable application fee of ten thousand dollars ($10,000).

(c) The application must contain all information required by the form. The applicant must also submit any supplemental information requested by the Department after receipt of the application. The completed application and all requested supplemental information must be received within the time specifications of the Department’s form to be considered.

(d) The applicant must indicate which information in the application materials it considers confidential under T.C.A. § 67-6-104(i). The applicant must separate this material from non-confidential materials and label the confidential materials as such. The Department may allow consultants to review confidential material submitted in the course of the application process, provided that the contract or memorandum of understanding requires the consultant to maintain the confidentiality of such materials.

History

• Authority: T.C.A. § 4-5-201 et seq. and § 67-6-104.
• Administrative History: Original rule filed May 18, 2001; effective August 1, 2001. Amendment filed December 18, 2006; effective April 30, 2007. Repeal filed October 22, 2013; effective January 20, 2014. Emergency rule filed July 22, 2014 expired effective January 18, 2015. On January 19, 2015, the rule reverted to its previous status. Original rule filed December 2, 2014; effective March 2, 2015.

Chapter 0620-03-08 Repealed

Tenn. Comp. R. & Regs. 0620-03-08-.01 REPEALED

History

• Authority: T.C.A. § 4-56-104.
• Administrative History: Original rule filed March 4, 2002; effective July 29, 2002. Repeal filed October 22, 2013; effective January 20, 2014.

Tenn. Comp. R. & Regs. 0620-03-08-.02 REPEALED

History

• Authority: T.C.A. § 4-56-104.
• Administrative History: Original rule filed March 4, 2002; effective July 29, 2002. Repeal filed October 22, 2013; effective January 20, 2014.

Tenn. Comp. R. & Regs. 0620-03-08-.05 REPEALED

History

• Authority: T.C.A. § 4-56-104.
• Administrative History: Original rule filed March 4, 2002; effective July 29, 2002. Amendments filed April 29, 2005; effective August 26, 2005. Repeal filed October 22, 2013; effective January 20, 2014.

Tenn. Comp. R. & Regs. 0620-03-08-.03 REPEALED

History

• Authority: T.C.A. § 4-56-104.
• Administrative History: Original rule filed March 4, 2002; effective July 29, 2002. Repeal filed October 22, 2013; effective January 20, 2014.

Tenn. Comp. R. & Regs. 0620-03-08-.06 REPEALED

History

• Authority: T.C.A. § 4-56-104.
• Administrative History: Original rule filed March 4, 2002; effective July 29, 2002. Repeal filed October 22, 2013; effective January 20, 2014.

Tenn. Comp. R. & Regs. 0620-03-08-.04 REPEALED

History

• Authority: T.C.A. § 4-56-104.
• Administrative History: Original rule filed March 4, 2002; effective July 29, 2002. Repeal filed October 22, 2013; effective January 20, 2014.

Chapter 0620-03-09 Repealed

Tenn. Comp. R. & Regs. 0620-03-09-.02 REPEALED

History

• Authority: T.C.A. §§ 4-56-104.
• Administrative History: New rules filed January 26, 2007; effective May 31, 2007. Repeal filed October 22, 2013; effective January 20, 2014.

Tenn. Comp. R. & Regs. 0620-03-09-.03 REPEALED

History

• Authority: T.C.A. §§ 4-56-104.
• Administrative History: New rules filed January 26, 2007; effective May 31, 2007. Repeal filed October 22, 2013; effective January 20, 2014.

Tenn. Comp. R. & Regs. 0620-03-09-.04 REPEALED

History

• Authority: T.C.A. §§ 4-56-104.
• Administrative History: New rules filed January 26, 2007; effective May 31, 2007. Repeal filed October 22, 2013; effective January 20, 2014. -- 1 of 1 --

Chapter 0620-03-10 Access to Public Records of the Department of Finance and Administration

Tenn. Comp. R. & Regs. 0620-03-10-.01 PURPOSE AND SCOPE

Public Chapter 712 of 2018 requires State agencies to promulgate rules implementing the Tennessee Public Records Act, including the process for making requests to inspect records and receive copies, the process for responding to requests, a statement of fees and the procedures for billing and payment, and the name and contact information of the Public Records Request Coordinator. These rules incorporate by reference all definitions in Tennessee Code Annotated §10-7-503.

History

• Authority: T.C.A. §§ 4-3-1001, et seq.; 4-4-103; 4-5-201, et seq.; 10-7-503; and 10-7-506.
• Administrative History: Original rule filed September 28, 2007; effective December 12, 2007. Repeal filed August 25, 2017; effective November 23, 2017. New rules filed April 9, 2020; effective July 8, 2020.

Tenn. Comp. R. & Regs. 0620-03-10-.02 PUBLIC RECORDS REQUEST COORDINATOR

The Public Records Request Coordinator for the Department is:

Lola Potter (or a substitute to be appointed by the Commissioner and identified on the Department website)

Director of Communications William R. Snodgrass Tennessee Tower 312 Rosa L. Parks Avenue, 20 th floor, Nashville, Tennessee 37243 (615) 532-8560 finance@tn.gov

History

• Authority: T.C.A. §§ 4-3-1001, et seq.; 4-4-103; 4-5-201, et seq.; 10-7-503; and 10-7-506.
• Administrative History: Original rule filed September 28, 2007; effective December 12, 2007. Repeal filed August 25, 2017; effective November 23, 2017. New rules filed April 9, 2020; effective July 8, 2020.

Tenn. Comp. R. & Regs. 0620-03-10-.03 REQUESTS FOR ACCESS TO RECORDS

(1) Public record requests shall be made to the Public Records Request Coordinator (”PRRC”).

(2) Requests for inspection only are not required to be made in writing. Requesters may use the Department’s Public Records Request Form which is Attachment A to these rules and is posted on the Department’s web site.

(3) Requests for copies must be in writing and must describe with specificity the materials to be copied. The requester may use the Department’s Public Records Request Form. The Requester can also use electronic mail to request inspection and/or copies.

(4) Proof of Tennessee citizenship by presentation of a valid Tennessee driver’s license or alternate acceptable form of identification is required as a condition to inspect or receive copies of public records; however, the Department may waive the requirement at its discretion.

History

• Authority: T.C.A. §§ 4-3-1001, et seq.; 4-4-103; 4-5-201, et seq.; 10-7-503; and 10-7-506.
• Administrative History: Original rule filed September 28, 2007; effective December 12, 2007. Amendment filed May 30, 2008; effective September 26, 2008. Repeal filed August 25, 2017; effective November 23, 2017. New rules filed April 9, 2020; effective July 8, 2020.

Tenn. Comp. R. & Regs. 0620-03-10-.04 RESPONDING TO PUBLIC RECORDS REQUESTS

(1) The Public Records Request Coordinator (PRRC) shall review public record requests and make an initial determination of the follo wing:

(a) If the requestor provided evidence of Tennessee citizenship;

(b) If the records requested are desc ribed with su ffici ent specifici ty to identi fy them; and (c) If the Department of Finance and Administration is the custodian of the records.

(2) The PRRC shall, within seven business days, ackn owledge receipt of the request and take any of the following appropriate action(s):

(a) Request proof of Tennessee citizenship, unless the PRRC can determine from the request that requiring such proof is not required. Proof shall consist of a valid Tennessee driver’s license or alternative acceptable government issued photo identification.

(b) Request clarification of the request. A request for clarification is a denial of the public records request because the requester failed to make sufficiently detailed request to enable the records custodian to identify the specific records requested as required by T.C.A. §10-7-503(a)(7)(B), and the records custodian will not be required to take further action on the request until a clarification is provided.

(c) Inform the requestor of the approximate time the request will be fulfilled and provide an estimate of the charges that may be assessed for requested copies. This may include time required for privilege review and redaction and in assembling the requested materials. If the volume is such that the documents will be produced in stages, the requester will be informed of the anticipated timing of this staged production.

(d) Deny the request. If the reason for denial is a privilege or exclusion created by law, the PRRC will provide a citation of the legal authority for the denial. If the reason for the denial is that the Department is not the custodian of the records, the PRRC is not required to research the proper custodian of the records. If the PRRC knows the identity of the proper custodian of the records, the PRRC may advise the requestor of the correct governmental entity and the PRRC for that entity if known.

(e) Promptly produce for inspection any requested documents which are immediately available for production.

(3) Documents will be made available for review at the Department’s offices in Nashville. The physical location for inspection of records within the offices of Finance and Administration is 312 Rosa L. Parks Avenue N., William R. Snodgrass Tennessee Tower, 20th Floor, Nashville, Tennessee 37243. Documents may be available for review at an alternate location by agreement.

(4) Upon receipt of a request for copies, the Department shall promptly gather requested documents and, if requested, make copies in the most economic and effici ent manner practicable.

(a) Copies will be availa ble for pickup at the location specified in subsection (3) or an alternate location agreed to by the parties.

(b) Upon payment for required charges, copies will be delivered to the requestor via email transmission upon request by requestor and determination that electronic transfer is efficient. Alternatively, upon payment for postage and any other required charges, copies will be mailed to the requestor’s home address via the United States Postal Service.

(5) A requester will be allowed to make copies of records with personal equipment (such as a cellular phone camera); provided, that no personal equipment may be connected to any state computer or device. If a requester seeks to make an image of the document with the use of personal equipment (such as a cellular phone camera) this is considered a request for a copy under these rules. The Department may not charge a requester for the cost of photographing a document which does not contain confidential or privileged material and which is ordinarily used by the Department in the course of its business. The Department is not required to relinquish physical custody of the requested documents and is entitled to enact reasonable requirements to protect the physical integrity and security of the documents. If the Department is required to incur labor expenses in making the document available for personal copying, including the use of computer processing, privilege review, or redaction, the requester must pay the costs applicable under these rules before being allowed to photograph the material.

(6) If a record contains confidential information or information that is not open for public inspection, the PRRC shall prepare a redacted copy prior to providing access. If questions arise concerning redaction, the PRRC shall coordinate with Department counsel, the Office of Open Records Counsel or the Office of Attorney General and Reporter.

(7) Whenever a redacted record is provided, the PRRC shall provide the requestor with the basis of the redaction. The basis given for redaction shall be general in nature and not disclose confidential information.

History

• Authority: T.C.A. §§ 4-3-1001, et seq.; 4-4-103; 4-5-201, et seq.; 10-7-503; and 10-7-506.
• Administrative History: Original rule filed September 28, 2007; effective December 12, 2007. Amendment filed May 30, 2008; effective September 26, 2008. Repeal filed August 25, 2017; effective November 23, 2017. New rules filed April 9, 2020; effective July 8, 2020.

Tenn. Comp. R. & Regs. 0620-03-10-.05 CHARGES AND PROCEDURES FOR PAYMENT

(1) Fees and charges for copies of public records should not hinder access to public records.

Fees and charges for copies and duplicates will be waived in the following circumstances:

(a) Where the copy and labor charges do not exceed $100.00;

(b) When the copies are requested by another governmental entity within the State of Tennessee;

(c) When an individual requestor establishes that he or she is indigent pursuant to federal poverty guidelines;

(d) A request to take copies with personal equipment that meets the qualifications of rule 0620-03-10-.04(5)

(2) The PRRC shall provide request ors with an itemized estimate of the charges prior to producing copies of records and may require pre-payment of such charges before retrieving and produci ng the requested records. The Department shall require the requesting party to provide full payment of the production costs before copies of the requested records are delivered or made available. Waivers of fees above $100.00 must be presented to the Deputy Commissioner of the Department, who is authorized to determine if such waiver is in the best interest of the Department and for the public good.

(3) Fees and charges for co pies are as follo ws (a) $0.15 per page for letter- and legal-size black and white copies.

(b) $0.50 per page for letter- and legal-size color copies.

(c) Hourly labor fees will be charged when employee time exceeds one hour in connection with production of documents. The Department will follow the Schedule of Reasonable Charges issued by the Office of Open Records Counsel effective January 20, 2017 (and any amendment to that schedule issued by that office) in calculating labor costs.

(d) If an outside vendor is used, the actual costs assessed by the vendor.

(e) If the requester asks for copies to be sent by mail or a delivery service, the charges for such mail or delivery service.

(4) Payment is to be made in cash, or by cashiers’ check, payable to the Treasurer, State of Tennessee, and presented to the PRRC.

History

• Authority: T.C.A. §§ 4-3-1001, et seq.; 4-4-103; 4-5-201, et seq.; 10-7-503; and 10-7-506.
• Administrative History: Original rule filed September 28, 2007; effective December 12, 2007. Repeal filed August 25, 2017; effective November 23, 2017. New rules filed April 9, 2020; effective July 8, 2020.

Tenn. Comp. R. & Regs. 0620-03-10-.06 REPEALED

History

• Authority: T.C.A. §§ 4-3-1001, et seq.; 4-4-103; 4-5-201, et seq.; 10-7-503; and 10-7-506.
• Administrative History: Original rule filed September 28, 2007; effective December 12, 2007. Repeal filed August 25, 2017; effective November 23, 2017.

Tenn. Comp. R. & Regs. 0620-03-10-.07 REPEALED

History

• Authority: T.C.A. §§ 4-5-201, et seq.; 4-3-1001, et seq.; 10-7-503; 10-7-503(g); 10-7-506; Tennessean v. Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998); and Op. Tenn. Atty. Gen. 01-021 (Feb. 8, 2001).
• Administrative History: Original rule filed September 28, 2007; effective December 12, 2007. Repeal filed August 25, 2017; effective November 23, 2017.

Chapter 0620-03-11 Disposition of Forfeitures in Child Abuse Cases

Tenn. Comp. R. & Regs. 0620-03-11-.01 PURPOSE AND AUTHORITY

(1) T.C.A. § 39-13-530 requires the Commissioner of Finance and Administration to promulgate rules and regulations for the distribution of money appropriated from the child abuse fund created by forfeitures under the statute.

(2) T.C.A. § 39-13-530 provides that fifty percent (50%) of the money from the child abuse fund be used for child advocacy centers. The statute requires the Department of Finance and Administration to provide grants to child advocacy centers that are not-for-profit corporations, are tax-exempt under Section 501 of the Internal Revenue Code, and have provided child advocacy services for at least six (6) months prior to an application for funds.

(3) T.C.A. § 39-13-530 requires that twenty five percent (25%) of the money from the child abuse fund be used by the Department of Finance and Administration for the court appointed special advocate (CASA) fund. The statute requires the Department of Finance and Administration to provide grants to CASA programs that are not-for-profit corporations, are tax-exempt under Section 501 of the Internal Revenue Code, and have provided CASA services for at least six (6) months prior to an application for funds.

(4) T.C.A. § 39-13-530 requires that the twenty five percent (25%) of the money from the child abuse fund be used by the Department of Finance and Administration for the child abuse prevention fund, which shall be used to provide a grant to Prevent Child Abuse Tennessee, provided that it be a not-for-profit corporation, be tax-exempt under Section 501 of the Internal Revenue Code, and have provided child abuse prevention services for at least six (6) months prior to an application for funds.

(5) The purpose of these rules is to provide procedures for the grant of these funds in an efficient, fair, and consistent manner.

History

• Authority: T.C.A. §§ 4-5-202 and 39-13-530.
• Administrative History: Original rule filed July 11, 2012; effective December 29, 2012.

Tenn. Comp. R. & Regs. 0620-03-11-.02 GRANTS

(1) The Department of Finance and Administration will grant the money allocated for the child advocacy centers under T.C.A. § 39-13-530(c) to the Tennessee Chapter of Children’s Advocacy Centers.

(a) The Tennessee Chapter of Children’s Advocacy Centers shall grant ninety percent (90%) of the funds granted to it by the Department to the child advocacy center (CAC) in the county in which the forfeiture occurred. The remaining ten percent (10%) shall be December, 2012 2 retained by the Tennessee Chapter of Children’s Advocacy Centers to cover administrative costs.

(b) If there is no CAC in the county where the forfeiture occurred, ninety percent (90%) of the funds granted to it by the Department shall be granted to one (1) or more CAC in the judicial district in which the forfeiture occurred.

(c) If there is no CAC in the judicial district where the forfeiture occurred, the Tennessee

Chapter of Children’s Advocacy Centers shall, in consultation with the Department of Finance and Administration, select one (1) or more CAC outside the judicial district which will receive ninety percent (90%) of the funds granted to the Tennessee Chapter of Childrens’ Advocacy Centers by the Department and provide the necessary services.

(d) Grants under this subsection shall be used to continue existing programs and services, create new programs and services, and/or to train personnel.

(e) The Commissioner may authorize a grant or subgrant to a CAC not otherwise authorized by these rules, if either:

1. The Tennessee Chapter of Children’s Advocacy Centers or a CAC authorized under these rules does not meet the statutory requirements of being incorporated as a not-for-profit corporation, being tax exempt under Section 501 of the Internal Revenue Code, or having provided services for at least six (6) months prior to receiving funds; or 2. The Commissioner finds that any actual or proposed grantee or subgrantee is incapable of carrying out the purposes of the grant.

(2) The Department of Finance and Administration will grant the money allocated for the Court Appointed Special Advocates under T.C.A. § 39-13-530(e) to the Tennessee CASA Association.

(a) The Tennessee CASA Association shall grant ninety percent (90%) of the funds granted to it by the Department to the CASA program in the county in which the forfeiture occurred. The remaining ten percent (10%) shall be retained by the Tennessee CASA Association to cover administrative costs.

(b) If there is no CASA program in the county where the forfeiture occurred, ninety percent (90%) of the funds granted to it by the Department shall be granted to one (1) or more CASA in the judicial district in which the forfeiture occurred.

(c) If there is no CASA in the judicial district where the forfeiture occurred, the Tennessee CASA Association shall, in consultation with the Department of Finance and Administration, select one (1) or more CASA outside the judicial district which will receive ninety percent (90%) of the funds granted to the Tennessee CASA Association by the Department and provide the necessary services.

(d) Grants under this subsection shall be used to continue existing programs and services, create new programs and services, and/or to train personnel, including volunteers.

(e) The Commissioner may authorize a grant or subgrant to a CASA not otherwise authorized by these rules, if either:

1. The Tennessee CASA Association or a CASA authorized under these rules does not meet the statutory requirements of being incorporated as a not-for-profit December, 2012 3 corporation, being tax exempt under Section 501 of the Internal Revenue Code, or having provided services for at least six (6) months prior to receiving funds; or 2. The Commissioner finds that any actual or proposed grantee or subgrantee is incapable of carrying out the purposes of the grant.

(3) The Department of Finance and Administration will grant the money allocated under T.C.A. § 39-13-530(g) to Prevent Child Abuse Tennessee.

(a) Grants shall continue existing programs and services, create new programs and services, and train personnel to plan and carry out a comprehensive statewide child abuse prevention program that includes emphasis on primary and secondary prevention strategies and includes evaluation strategies to assess the effectiveness of prevention activities.

History

• Authority: T.C.A. §§ 4-5-202 and 39-13-530.
• Administrative History: Original rule filed July 11, 2012; effective December 29, 2012.

Tenn. Comp. R. & Regs. 0620-03-11-.03 GRANT AND PROGRAM ADMINISTRATION

(1) The Department of Finance and Administration shall develop and implement grant formats for grants authorized by these rules consistent with the requirements of Tennessee state laws, regulations, and policies relating to grants, including the requirements of T.C.A. § 39-13-530.

The grants shall require reporting of grant performance and program operations to the Department and appropriate committees and subcommittees of the General Assembly.

(2) The Tennessee Chapter of Children’s Advocacy Centers, Tennessee CASA Association and Prevent Child Abuse Tennessee shall work together as collaborative partners and will comply with requests from the Department of Finance and Administration to consult with governmental or private entities working on problems of child abuse.

History

• Authority: T.C.A. §§ 4-5-202 and 39-13-530.
• Administrative History: Original rule filed July 11, 2012; effective December 29, 2012.

Chapter 0620-04-01 Incentive Program for the Office of Inspector General

Tenn. Comp. R. & Regs. 0620-04-01-.01 DEFINITIONS

(1) “Commissioner” means the commissioner of Finance and Administration;

(2) “Enrollee” shall mean any person eligible for and enrolled in the TennCare program;

(3) “Fraud” means an intentional deception or misrepresentation made by a person including, but not limited to, a vendor, recipient, provider, or enrollee, with the knowledge that the deception or misrepresentation could result in some unauthorized benefit or payment to oneself or some other person. It includes any act that constitutes fraud under applicable federal or state law including, but not limited to, the Tennessee Medicaid False Claims Act, compiled under Tenn. Code Ann. §§71-5-181 – 71-5-186;

(4) “Inspector General” means the person who directs the Office of Inspector General, pursuant to Tenn. Code Ann. §71-5-2502;

(5) “Provider” shall mean an institution, facility, agency, person, corporation, partnership, unincorporated organization, nonprofit organization, or any person or entity directly or indirectly providing benefits, goods or services to a TennCare enrollee. Provider shall also mean a provider’s agent, contractor or subcontractor, such as a billing agent;

(6) “TennCare” means the program administered by the Single State agency as designated by the State and CMS pursuant to Title XIX of the Social Security Act and section 1115 Research and Demonstration waiver granted to the State of Tennessee and any successor programs;

(7) “Vendor” means any person, institution, agency, other entity or business concern providing services or goods authorized under title 71, chapter 5, part 1, and included, but is not limited to, any health maintenance organization, managed care organization, managed care contractor, administrative services organization, pharmacy benefit manager, prepaid limited health service organization, contractor or subcontractor;

History

• Authority: T.C.A. §§71-5-2503 through 71-5-2505, 71-5-2507 through 71-5-2509, 71-5-2512 through 71- 5-2515 and 71-5-181 through 71-5-186.
• Administrative History: Original rule filed July 26, 2006; effective November 28, 2006.

Tenn. Comp. R. & Regs. 0620-04-01-.02 ELIGIBILITY

(1) General rule. The Office of the Inspector General shall pay a monetary reward for information that leads to the arrest and conviction of any person or entity that has engaged in INCENTIVE PROGRAM FOR THE OFFICE OF INSPECTOR GENERAL 0620-4-1 TennCare fraud. The determination of whether any person or entity meets the criteria for an award, and the amount of that award, is at the sole discretion of the Office of Inspector General (OIG). The OIG shall pay a reward only if a reward is not otherwise provided for by law. When the OIG applies the criteria specified under these rules to determine the eligibility and the amount of the reward, the OIG shall notify the beneficiary of the reward as specified below in 0620-4-1-.03.

(2) A person or entity desiring consideration for a reward shall contact the Office of Inspector General through the TennCare Fraud and Abuse Hotline at 1-800-433-3982. Only information submitted by telephone is eligible for a reward.

(3) Eligibility requirements. In order for a reporting person or entity to be eligible to receive a reward, the person or entity must:

(a) Provide the following identifying information:

1. Full name 2. Postal address 3. Telephone number 4. Email address if available;

(b) Provide information relating to the activities of a specified person or entity who at the time the information is provided is not already the subject of a review or investigation by the OIG or any of its contractors; the Tennessee Department of Human Services (DHS), the TennCare Bureau, the Tennessee Bureau of Investigation, the Office of the Inspector General for the U.S. Department of Health and Human Services or their contractors, the U.S. Department of Justice, or the Federal Bureau of Investigation;

(c) State with specificity the time frame, and how the acts or omissions of the person or entity defrauded the TennCare program; and (d) Provide information that results in a criminal conviction.

(4) Notwithstanding any other provisions of these rules, the following persons are excluded from eligibility to receive a reward:

(a) Any person who is, or was at the time of acquiring the information or making the report, an officer or an employee of any of the agencies or entities listed above in (3)(b) at the time he or she came into possession of, or divulged information leading to a conviction;

(b) Any person who is, or was at the time of acquiring the information or making the report, an immediate family member of an officer or an employee of any of the agencies or entities listed above in (3)(b) at the time he or she came into possession of, or divulged information leading to a conviction;

(c) Any other Federal, State, County, or Municipal employee, contractor, or grantee, if the information submitted came to their knowledge in the normal course of their official duties;

(d) A person or entity that illegally obtained the information submitted; or, INCENTIVE PROGRAM FOR THE OFFICE OF INSPECTOR GENERAL 0620-4-1 (e) A person or entity that participated in, benefited from, or acquiesced in the criminal conduct which resulted in a criminal conviction.

History

• Authority: T.C.A. §§ 4-5-202; 71-5-2504 and 71-5-2512.
• Administrative History: Original rule filed July 26, 2006; effective November 26, 2006.

Tenn. Comp. R. & Regs. 0620-04-01-.03 PAYMENT OF THE REWARD

(1) The OIG shall post TennCare fraud convictions on the OIG website. This information will ordinarily be posted on the OIG website within sixty (60) days of the date of entry of the judgment of conviction.

(a) Any person who reported the information leading to a conviction for TennCare fraud shall have sixty (60) days from the date of the initial posting on the website to contact OIG and claim his/her reward. After the expiration of sixty (60) days the right to claim the reward will expire. A person(s) claiming the reward must be able to provide and verify his/her identity in order to obtain the reward monies.

(b) If a person who reported the information leading to a conviction for TennCare fraud has become incapacitated or is deceased, any duly appointed executor, administrator, conservator, receiver, trustee, or legal guardian may claim the reward on behalf of the informant or the informant’s estate. The representative must provide documentation sufficient in the judgment of the Office of Inspector General to establish the legal basis of the representative’s authority. In order to claim the reward the representative must comply with all the requirements as provided under these rules (2) Amount and payment of a reward (a) The payment schedule for the incentive program for persons otherwise qualified to receive a reward is as follows:

1. A person who provides information that leads to a class B felony conviction of TennCare fraud, and an offer of restitution of at least five thousand ($5000) dollars, will receive a two hundred fifty ($250) cash reward.

2. A person who provides information that leads to a class C felony conviction of TennCare fraud, and an order of restitution of at least one thousand ($1000) dollars will receive a two hundred dollar ($200) cash reward.

3. A person who provides information that leads to a class D felony conviction of TennCare fraud, and an order of restitution of at least one thousand ($1000) dollars will receive a one hundred and fifty dollar ($150) cash reward.

4. A person who provides information that leads to a class E felony conviction of TennCare fraud, and an order of restitution of at least one thousand dollars ($1,000) will receive a one hundred dollar ($ 100) cash reward.

5. A person who provides information that leads to an arrest and a class E felony conviction of TennCare fraud or any other offense related to the operation of the TennCare program will receive a fifty dollar ($50) cash reward.

6. A person who provides information that leads to an arrest and judicial or pretrial diversion for TennCare fraud or any other offense related to the operation of the TennCare program will receive a fifty dollar ($50) cash reward.

INCENTIVE PROGRAM FOR THE OFFICE OF INSPECTOR GENERAL 0620-4-1

(a) Where a person provides the OIG with information that results in multiple TennCare fraud convictions, the OIG shall give a single reward for that information regardless of the number of persons who are convicted or the number of convictions obtained against one person as a result of that information. The single reward shall be in the amount corresponding to the higher conviction.

(b) No OIG employee has the authority to make any offer, or promise, or otherwise bind the OIG with respect to the payment or the amount of any reward under this section.

Any such purported promise will be null and void.

(3) All records concerning information received by the OIG from citizens regarding suspected crime, and concerning the reward program, are confidential investigative records of the OIG.

The OIG shall not reveal to any person, entity, or organization, identifying information relating to citizens who provided the OIG with information under this section except as required by law.

(4) If, after a reward is accepted, the OIG finds that the person who claimed the reward was ineligible to receive the reward, the OIG shall not be liable for such reward, and may seek to recover all monies received by means of remedies available at law and equity.

History

• Authority: T.C.A. §§4-5-202, 10-7-504(a)(2), 71-5-2504 and 71-5-2512.
• Administrative History: Original rule filed July 28, 2006; effective November 28, 2006.

Chapter 0620-04-02 Rules of Procedure for Contested Cases Before the Inspector General

Tenn. Comp. R. & Regs. 0620-04-02-.01 SCOPE

(1) Subject to any superseding federal or state law, these rules shall govern contested case proceedings before the Inspector General that are commenced pursuant to Tenn. Code Ann. §§ 71-5-2501 et seq., §§ 71-5-2601 et seq. or any other statute or rule wherein the Office of Inspector General is authorized to initiate administrative proceedings pursuant to the Uniform Administrative Procedures Act, as codified at Title 4, Chapter 5, and will be relied upon by administrative judges in all contested cases utilizing administrative judges from the Administrative Procedures Division of the Office of the Secretary of State (whether sitting alone or with the Inspector General).

(2) In any situation that arises that is not specifically addressed by these rules, reference shall be made to the Tennessee Rules of Civil Procedure for guidance as to the proper procedure to follow, as appropriate, and to whatever extent will best serve the interests of justice and the speedy and inexpensive determination of the matter at hand.

History

• Authority: T.C.A. §§ 4-5-202, 4-5-219, 71-5-2518, and 71-5-2604.
• Administrative History: Public Necessity rule filed April 9, 2007; expired September 21, 2007. Original rule filed August 8, 2007; effective December 28, 2007.

Tenn. Comp. R. & Regs. 0620-04-02-.03 FILING AND SERVICE OF PLEADINGS AND OTHER MATERIALS

(1) All pleadings, petitions for review, and any other materials required to be filed with the Inspector General or the APD by a time certain shall be filed by delivering such materials in person or in any other manner permitted by law. All such pleadings, petitions for review and any documents or materials shall be considered as filed upon the date that they are actually received by APD or the Inspector General.

(2) Once APD has become involved in any contested case proceeding, all pleadings and other materials required to be filed or submitted prior to the hearing of a contested case shall be filed with the Administrative Procedures Division, where they will be stamped with the date and hour of their receipt. Petitions for agency review of an initial order and for agency reconsideration or stay of a final order may be filed with either the Inspector General or the Administrative Procedures Division and should preferably be filed with both. Whenever the Inspector General or the Administrative Procedures Division receives any such petition, it shall forward a copy to the other.

December, 2007 2 (3) Discovery materials that are not actually introduced as evidence need not be filed, except as provided at rule 0620-4-2-.11.

(4) Copies of any and all materials filed with the Inspector General or APD in a contested case shall also be served upon all parties, or upon their counsel, once counsel has made an appearance. Any such material shall contain a statement indicating that copies have been served upon all parties. Service may be made by any lawful means.

History

• Authority: T.C.A. §§ 4-5-202, 4-5-219, 71-5-2518, and 71-5-2604.
• Administrative History: Public Necessity rule filed April 9, 2007; expired September 21, 2007. Original rule filed August 8, 2007; effective December 28, 2007.

Tenn. Comp. R. & Regs. 0620-04-02-.04 TIME

(1) In computing any period of time prescribed or allowed by statute, rule, or order, the date of the act, event or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday nor a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

(2) Except in regard to petitions for review under Tenn. Code Ann. §§ 4-5-315, 4-5-317, and 4- 5-322, or where otherwise prohibited by law, when an act is required or allowed to be done at or within a specified time, the Inspector General or the administrative judge may, at any time:

(a) with or without motion or notice order the period enlarged if the request is made before the expiration of the period originally prescribed or as extended by previous order; or (b) upon motion made after the expiration of the specified period, permit the act to be done late, where the failure to act was the result of excusable neglect.

(c) Nothing in this section shall be construed to allow any ex parte communications concerning any issue in the proceeding that would be prohibited by Tenn. Code Ann. § 4-5-304.

History

• Authority: T.C.A. §§ 4-5-202, 4-5-219, 71-5-2518, and 71-5-2604.
• Administrative History: Public Necessity rule filed April 9, 2007; expired September 21, 2007. Original rule filed August 8, 2007; effective December 28, 2007.

Tenn. Comp. R. & Regs. 0620-04-02-.05 COMMENCEMENT OF CONTESTED CASE PROCEEDINGS

(1) Commencement of Action: a contested case proceeding may be commenced by OIG or public action, by appeal of a person from a OIG action, by request for hearing by an affected person, or by any other lawful procedure.

(2) Notice of Hearing: in every contested case, a notice of charges and opportunity for a hearing shall be issued by the OIG, which notice shall comply with Tenn. Code Ann. § 4-5-307(b).

Service of the notice of hearing may be effected by any lawful means.

(3) Supplemented Notice: in the event it is impractical or impossible to include in one document every element required for notice, elements such as time and place of hearing may be supplemented in later writings. At the discretion of the Inspector General or the Administrative Judge, some requirements of this subsection may be satisfied during the course of prehearing conferences.

December, 2007 3 (4) Filing of Documents: when a contested case is commenced in which an administrative judge from the Administrative Procedures Division will be conducting the proceedings, the OIG shall provide the Administrative Procedures Division with all the papers that make up the notice of hearing and with all pleadings, motions, and objections, formal or otherwise, that have been provided to or generated by the OIG. Legible copies may be filed in lieu of originals.

(5) Answer: a party receiving a petition for a contested case hearing in which such party is identified as a respondent shall respond to the charges set out in the notice or other original pleading by filing a written answer with the OIG as set forth in Rule 8.02 of the Tennessee Rules of Civil Procedure, unless otherwise provided in these rules or the Tennessee Rules of Civil Procedure. Failure to timely file an answer to a petition may be adjudicated as set forth in Rule 8.04 of the Tennessee Rules of Civil Procedure.

(6) Amendment to Notice: the parties to a contested case hearing may amend and supplement their pleadings in accordance with Rule 15 of the Tennessee Rules of Civil Procedure.

History

• Authority: T.C.A. §§ 4-5-202, 4-5-219, 71-5-2518, and 71-5-2604.
• Administrative History: Public Necessity rule filed April 9, 2007; expired September 21, 2007. Original rule filed August 8, 2007; effective December 28, 2007.

Tenn. Comp. R. & Regs. 0620-04-02-.06 SERVICE OF NOTICE OF HEARING

(1) In any case in which a party has requested a hearing from the OIG and provided the OIG with an address, a copy of the notice of hearing shall, within a reasonable time before the hearing, be delivered to the party to be affected at the address provided, by certified or registered mail, personal service, or by service by the methods set forth in paragraphs (2) and (3) of this rule.

(2) Except as provided in paragraph (3) below, service of the notice of charges and opportunity for a hearing shall be proven by any of the following methods:

(a) personal service with return of a statement indicating the time and place of service by a person who made the personal service;

(b) certified return receipt mail or equivalent carrier with a return receipt signed by the party to be affected;

(c) proof of delivery of overnight or second-day mail by the U.S. Post Office or by a parcel delivery carrier, regardless of whether the recipient of such mail signed a receipt for delivery of overnight or second-day mail; or (d) delivery to an agent authorized by appointment or by law to receive service on behalf of the individual served, or by any other method allowed by law in judicial proceedings.

(3) When service of a summons, process or notice is provided for or permitted by registered, or certified mail or through a private delivery service under the laws of Tennessee and the addressee or the addressee’s agent refuses to accept delivery and it is so stated in the return receipt or notice of delivery, the written return receipt or notice of delivery, if returned and filed in the action, shall be deemed an actual and valid service of the notice of charges and opportunity for a hearing or of any other pleadings, letters, motions or orders. Service by mail is complete upon mailing. For purposes of this Chapter, a notation by the mail carrier or delivery service that a properly addressed registered, certified, or privately delivered mailing is “unclaimed” or other similar notation is sufficient evidence of the respondent’s refusal to accept delivery.

December, 2007 4 (4) The methods of service authorized pursuant to paragraphs (1) through (3) of this rule shall apply only to the initial notice of hearing required to be filed pursuant to rule 0620-4-2-.05(2) which is intended by the OIG to memorialize the commencement of a contested case proceeding as described by rule 0620-4-2-.05. All other documents including, but not limited to, supplemented notice pursuant to rule 0620-4-2-.05, and notices of continuances that are ordered or required by statute or rule to be served during the course of the resulting contested case proceeding shall not be required to be served by return receipt mail or its equivalent, or by personal service.

History

• Authority: T.C.A. §§ 4-5-209, 4-5-219, 71-5-2518, and 71-5-2604.
• Administrative History: Public Necessity rule filed April 9, 2007; expired September 21, 2007. Original rule filed August 8, 2007; effective December 28, 2007.

Tenn. Comp. R. & Regs. 0620-04-02-.07 DECLARATORY ORDERS

(1) Any affected person may petition the Inspector General for a declaratory order as to the validity or the applicability of a statute, rule or order within the primary jurisdiction of the Inspector General.

(2) The petition seeking a declaratory order shall be filed in writing with the Inspector General.

(3) The form of such petitions shall be substantially as follows:

State of Tennessee Department of Finance and Administration Before the Inspector General of the Office of Inspector General Petition for Declaratory Order 1. Name of Petitioner ___________________________________________________________________ 2. Address of Petitioner ___________________________________________________________________ 3. Agency rule, order, or statutory provision on which declaratory order is sought ___________________________________________________________________ 4. Statement of the facts of the controversy and description of how this rule, order or statute affects or should affect the Petitioner. ___________________________________________________________________ 5. Description of requested ruling ___________________________________________________________________ _________________________________ Signature of Petitioner _____________________ Address _____________________ Date (4) In the event the agency convenes a contested case hearing pursuant to this rule and Tenn.

Code Ann. § 4-5-223, then the Administrative Procedures Division shall be notified December, 2007 5 immediately and shall be provided originals or legible copies of all pleadings, motions, objections, and other relevant documents.

(5) The provisions of this Chapter governing contested case hearings conducted under Title 71, Chapters 5 and 6, of the Tennessee Code Annotated shall likewise apply to any declaratory order hearing commenced with respect to Title 71, Chapters 5 and 6, of the Tennessee Code Annotated.

History

• Authority: T.C.A. §§ 4-5-202, 4-5-219, 71-5-2518, and 71-5-2604.
• Administrative History: Public Necessity rule filed April 9, 2007; expired September 21, 2007. Original rule filed August 8, 2007; effective December 28, 2007.

Tenn. Comp. R. & Regs. 0620-04-02-.08 REPRESENTATION BY COUNSEL

(1) Any party to a contested case hearing may be advised and represented, at the party’s own expense, by a Tennessee-licensed attorney.

(2) Any individual party to a contested case or declaratory action may represent himself/herself pro se or, in the case of a corporation or other artificial person, may participate through a Tennessee-licensed attorney appointed to represent it. A corporation, partnership, Limited Liability Company or other artificial person may not represent itself pro se in an administrative proceeding or appeal therefrom nor can it be represented pro se by an officer or other non-lawyer agent.

(3) A party to a contested case hearing may not be represented by a non-attorney, except in any situation where federal law so requires or state law specifically so permits.

(4) The OIG shall notify all parties in a contested case hearing of their right to be represented by counsel. An appearance by a party at a hearing without counsel may be deemed a waiver of the right to counsel.

(5) Entry of an appearance by counsel shall be made by:

(a) filing of pleadings;

(b) filing of a formal or informal notice of appearance; or (c) appearance as counsel at a prehearing conference or a hearing.

(6) After appearance of counsel has been made, all pleadings, motions, and other documents shall be served upon such counsel.

(7) Counsel wishing to withdraw shall give written notice to the agency and the Administrative Procedures Division.

(8) Out-of-state counsel shall comply with Tenn. Code Ann. § 23-3-103(a) and Supreme Court

Rule 19, except that the affidavit referred to in Supreme Court Rule 19 shall be filed with the director of the Administrative Procedures Division or, as appropriate, with the OIG, with a copy to the administrative judge presiding in the matter in which counsel wishes to appear.

History

• Authority: T.C.A. §§ 4-5-202, 4-5-219, 71-5-2518, and 71-5-2604.
• Administrative History: Public Necessity rule filed April 9, 2007; expired September 21, 2007. Original rule filed August 8, 2007; effective December 28, 2007. December, 2007 6

Tenn. Comp. R. & Regs. 0620-04-02-.09 PREHEARING CONFERENCES; MOTIONS

(1) Scope: This rule applies to all motions made prior to a hearing on the merits of a contested case, except that discovery-related motions shall not be subject to Interlocutory Review by an agency under this rule. This rule does not preclude the administrative judge from convening a hearing or converting a prehearing conference to a hearing at any time pursuant to Tenn.

Code Ann. § 4-5-306 (b) to consider any question of law.

(2) Motions: Parties to a contested case are encouraged to resolve matters on an informal basis; however, if efforts at informal resolutions fail, any party may request relief in the form of a motion by serving a copy on all parties and, if an administrative judge is conducting the contested case, by filing the motion with APD. Any such motion shall set forth a request for all relief sought, and shall set forth grounds which entitle the moving party to relief.

(3) Time Limits; Argument - A party may request oral argument on a motion; however, a brief memorandum of law submitted with the motion is preferable to oral argument. Each opposing party may file a written response to a motion, provided the response is filed within fifteen (15) days of the date the motion was filed. A motion shall be considered submitted for disposition fifteen (15) days after it was filed, unless oral argument is granted, or unless a longer or shorter time is set by the Inspector General or administrative judge.

(4) Oral Argument - If oral argument is requested, the motion may be argued by conference telephone call.

(5) Affidavits; Briefs and Supporting Statements.

(a) Motions and responses thereto shall be accompanied by all supporting affidavits and briefs or supporting statements. All motions and responses thereto shall be supported by affidavits for facts relied upon which are not of record or which are not the subject of official notice. Such affidavits shall set forth only facts which are admissible in evidence under Tenn. Code Ann. § 4-5-313, and to which the affiants are competent to testify. Properly verified copies of all papers or parts of papers referred to in such affidavits may be attached thereto.

(b) In the discretion of the administrative judge or Inspector General, a party or parties may be required to submit briefs or supporting statements pursuant to a schedule established by the administrative judge.

(6) Disposition of Motions; Drafting the Order.

(a) When a prehearing motion has been made in writing or orally, the administrative judge shall render a decision on the motion by issuing an order or by instructing the prevailing party to prepare and submit an order in accordance with (b) below.

(b) The prevailing party on any motion shall draft an appropriate order, unless waived by the administrative judge. This order shall be submitted to the administrative judge within five (5) days of the ruling on the motion, or as otherwise ordered by the administrative judge.

(c) The administrative judge after signing any order shall cause the order to be served forthwith upon the parties.

(7) Interlocutory Review Prior to Hearing.

December, 2007 7 (a) Any party who wishes to seek interlocutory review by the Inspector General of an administrative judge’s decision on a preliminary matter shall make application to the administrative judge for permission to seek such review.

(b) If the administrative judge determines that interlocutory review is appropriate, an order may be entered specifying the procedures for obtaining such review. The administrative judge may in such order set a specific time period, at the conclusion of which the requested review shall be deemed to have been denied by the OIG if no action has been taken by the Inspector General to decide the matter or extend the time for action.

(c) If no specific time period is set, the matter may be set for consideration by the Inspector General at a time certain.

(d) Nothing in this Rule shall preclude the right to seek interlocutory judicial review under Tenn. Code Ann. § 4-5-322(a).

(e) It is the intent of this Rule that interlocutory review by the Inspector General not be granted where to do so would significantly delay the resolution of the proceedings, unless the administrative judge deems the issue to be one on which the Inspector General’s determination is particularly appropriate for policy or other reasons.

History

• Authority: T.C.A. §§ 4-5-202, 4-5-219, 71-5-2518, and 71-5-2604.
• Administrative History: Public Necessity rule filed April 9, 2007; expired September 21, 2007. Original rule filed August 8, 2007; effective December 28, 2007.

Tenn. Comp. R. & Regs. 0620-04-02-.10 CONTINUANCES

(1) Continuances may be granted upon good cause shown in any stage of the proceeding. The need for a continuance shall be brought to the attention of the Inspector General or administrative judge as soon as practicable.

(2) Any case may be continued by mutual consent of the parties when approved by the Inspector General or administrative judge.

History

• Authority: T.C.A. §§ 4-5-202, 4-5-219, 71-5-2518, and 71-5-2604.
• Administrative History: Public Necessity rule filed April 9, 2007; expired September 21, 2007. Original rule filed August 8, 2007; effective December 28, 2007.

Tenn. Comp. R. & Regs. 0620-04-02-.02 DEFINITIONS

(1) “Administrative Judge” means an agency member, agency employee or employee or official of the Office of the Secretary of State, licensed to practice law and authorized by law to conduct contested case proceedings pursuant to § 4-5-301.

(2) “Administrative Procedures Division” or “APD” means the Administrative Procedures Division of the Office of the Secretary of State, 312 8th Floor, William R. Snodgrass Tower, Nashville, Tennessee 37243; Telephone (615) 741-7008.

(3) “Burden of Proof” means the duty of a party to present evidence on and to show, by a preponderance of the evidence, that an allegation is true or that an issue should be resolved in favor of that party. A ‘‘preponderance of the evidence’’ means the greater weight of the evidence or that, according to the evidence, the conclusion sought by the party with the burden of proof is the more probable conclusion. The burden of proof is generally assigned to the party who seeks to change the present state of affairs with regard to any issue. The December, 2007 1 administrative judge makes all decisions regarding which party has the burden of proof on any issue.

(4) “Inspector General” means the Inspector General of the Office of Inspector General, Tennessee Department of Finance and Administration.

(5) “Filing” means actual receipt by the Inspector General and/or by the Administrative Procedures Division of the Tennessee Secretary of State.

(6) “Notice of Charges and Opportunity for a Hearing” means notice of an action by the Office of Inspector General to seek sanctions against a natural person or business entity subject to the statutes, rules and orders of the Inspector General and notice of the right of the person(s) to contest or otherwise dispute the imposition of such sanctions.

(7) “OIG” means the Office of Inspector General, Department of Finance and Administration.

(8) “Petitioner” means the “moving” party or the party who has initiated the proceedings. The petitioner usually bears the ultimate burden of proof and will therefore present proof first at the hearing. In some cases, however, the party who initiated the proceedings will not be the party with the burden of proof on all issues. In such cases, the administrative judge will determine the order of proceedings, taking into account the interests of fairness, simplicity, and the speedy and inexpensive determination of the matter at hand.

(9) “Pleadings” means written statements of facts and law which constitute a party’s position or point of view in a contested case and which, when taken together with the other party’s pleadings, will define the issues to be decided in the case. The form of pleadings shall be made as provided in these rules and/or in the Tennessee Rules of Civil Procedure and supplemented as required by the Inspector General and/or the Administrative Judge.

(10) “Respondent” means the party who is responding to the charges or other action brought by the “petitioner.”

(11) “UAPA” means the Uniform Administrative Procedures Act, as amended, at Tenn. Code Ann. §§ 4-5-101, et seq.

History

• Authority: T.C.A. §§ 4-5-202, 4-5-219, 71-5-2518, and 71-5-2604.
• Administrative History: Public Necessity rule filed April 9, 2007; expired September 21, 2007. Original rule filed August 8, 2007; effective December 28, 2007.

Tenn. Comp. R. & Regs. 0620-04-02-.11 DISCOVERY

(1) Parties are encouraged where practicable to attempt to achieve any necessary discovery informally, in order to avoid undue expense and delay in the resolution of the matter at hand.

When such attempts have failed, or where the complexity of the case is such that informal discovery is not practicable, discovery shall be sought and effectuated in accordance with the Tennessee Rules of Civil Procedure, except as provided in this Rule.

(2) Depositions and Production of Documents.

(a) Depositions of parties to a contested case hearing commenced under Title 71, Chapters 5 and 6 of the Tennessee Code Annotated shall be taken within the State of Tennessee, at the expense of the party taking the deposition, or as agreed by the parties. The Inspector General or administrative judge may prescribe the time and manner of the taking of the deposition.

December, 2007 8 (b) Production of documents and things and entry upon land for inspection and other purposes.

1. Any party may serve on any other party a request:

(i) to produce and/or permit the party making the request, or someone acting on the requesting party's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form), or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of Tenn. R. Civ. P. 26.02 and which are in the possession, custody or control of the party upon whom the request is served; or (ii) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Tenn. R. Civ. P. 26.02.

2. Procedure. A party making a request as set forth in part (2)(b)1. of this Rule may, without leave of the Inspector General or administrative judge, be served upon the petitioner after commencement of the action and upon any other party with or after service of the notice of hearing as provided in Rule 0620-4-2 -.06 upon that party. The request shall set forth the items to be inspected, either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place and manner of making the inspection and performing the related acts. Concerning the production:

(i) The party upon whom the request is served shall serve a written response within thirty (30) days after the service of the request, except that a respondent may serve a response within forty-five (45) days after service of the notice of hearing upon that respondent. The Inspector General or administrative judge may allow a shorter or longer time for the written response. The response shall state, with respect to each item or category, that production and/or inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified. The party submitting the request may move for an order under Tenn. R. Civ. P. 37.01 with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested.

(ii) A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request.

(iii) Production of documents for inspection shall be made to the party requesting such documents via personal service, certified return receipt mail or equivalent carrier with a return receipt signed by the party to be affected, overnight or second-day mail by the U.S. Post Office or by a parcel delivery carrier, or by delivering the documents to an agent authorized by appointment or by law to receive service on behalf of the party.

December, 2007 9 (iv) The reasonable cost of production of documents shall be born by the party requesting such documents.

(3) Upon motion of party or upon the Inspector General’s or administrative judge’s own motion, the Inspector General or administrative judge may order that the discovery be completed by a certain date.

(4) Production of documents for inspection by the Inspector General shall be made at the offices of the OIG or as agreed upon by the parties.

(5) Any motion to compel discovery, motion to quash, motion for protective order, or other discovery-related motion shall:

(a) quote verbatim the interrogatory, request, question, or subpoena at issue, or be accompanied by a copy of the interrogatory, request, subpoena, or excerpt of a deposition which shows the question and objection or response if applicable;

(b) state the reason or reasons supporting the motion; and (c) be accompanied by a statement certifying that the moving party or his or her counsel has made a good faith effort to resolve by agreement the issues raised and that agreement has not been achieved. Such effort shall be set forth with particularity in the statement.

(6) The Inspector General or the administrative judge shall decide any motion relating to discovery under this rule, the UAPA and/or the Tennessee Rules of Civil Procedure, as applicable.

(7) Other than as provided above, discovery materials need not be filed with either the Inspector General or APD.

(8) This rule does not preclude an independent action against a person not a party for production of documents and things and permission to enter upon land.

History

• Authority: T.C.A. §§ 4-5-202, 4-5-219, 71-5-2518, and 71-5-2604.
• Administrative History: Public Necessity rule filed April 9, 2007; expired September 21, 2007. Original rule filed August 8, 2007; effective December 28, 2007.

Tenn. Comp. R. & Regs. 0620-04-02-.12 INTERVENTION

(1) All petitions for leave to intervene in a pending contested case or declaratory action shall be filed in accordance with Tenn. Code Ann. § 4-5-310, and shall state any and all facts and legal theories under which the petitioner claims to be qualified as an intervenor.

(2) In deciding whether to grant a petition to intervene, the following factors shall be considered by the Inspector General and the administrative judge:

(a) Whether the petitioner claims an interest relating to the case and that s/he is so situated that the disposition of the case may as a practical matter impair or impede the petitioner’s ability to protect that interest;

(b) Whether the petitioner’s claim and the main case have a question of law or fact in common;

(c) Whether prospective intervenor interests are already adequately represented; and December, 2007 10 (d) Whether admittance of a new party will render the hearing unmanageable or interfere with the interests of justice and the orderly and prompt conduct of the proceedings.

(3) In deciding a petition to intervene, the administrative judge may impose conditions upon the intervenor’s participation in the proceedings as set forth at Tenn. Code Ann. § 4-5-310(c).

(4) When the validity of a statute of this state or an administrative rule or regulation of this state is drawn in question in any case, the Inspector General or administrative judge shall require that notice be given the office of the Tennessee attorney general, specifying the pertinent statute, rule or regulation, and the attorney general’s office will be permitted to intervene or to serve as co-counsel with the OIG’s counsel.

History

• Authority: T.C.A. §§ 4-5-202, 4-5-219, 71-5-2518, and 71-5-2604.
• Administrative History: Public Necessity rule filed April 9, 2007; expired September 21, 2007. Original rule filed August 8, 2007; effective December 28, 2007.

Tenn. Comp. R. & Regs. 0620-04-02-.13 SUBPOENA

The Inspector General or administrative judge at the request of any party shall issue signed subpoenas in blank in accordance with the Tennessee Rules of Civil Procedure, except that service in contested cases may be by certified return receipt mail in addition to means of service provided by the Tennessee Rules of Civil Procedure. Parties shall complete and serve their own subpoenas, as provided in T.R.C.P. 45.

History

• Authority: T.C.A. §§ 4-5-202, 4-5-219, 71-5-2518, and 71-5-2604.
• Administrative History: Public Necessity rule filed April 9, 2007; expired September 21, 2007. Original rule filed August 8, 2007; effective December 28, 2007.

Tenn. Comp. R. & Regs. 0620-04-02-.14 ORDER OF PROCEEDINGS

(1) This shall be the order of proceedings for the hearing of contested cases when an administrative judge is hearing a case with the Inspector General:

(a) Administrative judge may confer with the parties prior to a hearing to explain the order of proceedings, admissibility of evidence, number of witnesses and other matters.

(b) Hearing is called to order by the administrative judge.

(c) Administrative judge introduces self and gives a very brief statement of the nature of the proceedings, including a statement of the administrative judge’s role of making legal rulings.

(d) Administrative judge introduces the Inspector General and states that the final decision in the proceedings will be made by the Inspector General alone, after being charged on the law by the administrative judge.

(e) Administrative judge then calls on the respondent to ask if the respondent is represented by counsel, and if so, counsel is introduced. The administrative judge then introduces the petitioner’s counsel and any other officials who may be present at the hearing.

(f) The administrative judge states what documents the record contains.

(g) In appropriate cases, the petitioner reads the charges as set out in the notice with regard to the respondent, while giving references to the appropriate statutes and rules.

December, 2007 11 (h) In appropriate cases, the respondent is asked how he or she pleads to the charges; if he or she admits the charges, no further proof may be necessary, other than introduction of evidence pertaining to the proper penalty, if appropriate. If he or she denies the charges or fails to admit them, the hearing proceeds.

(i ) The administrative judge swears the witnesses.

(j) The parties are asked whether they wish to have all witnesses excluded from the hearing room except during their testimony. If so, all witnesses are instructed not to discuss the case during the pendency of the proceeding. Notwithstanding the exclusion of the witnesses, individual parties will be permitted to stay in the hearing room, and the state or any other party that is a corporation or other artificial person may have one appropriate individual, who may also be a witness, act as its party representative.

(k) Any preliminary motions, stipulations, or agreed orders are entertained.

(l) Opening statements are allowed by both the petitioner and the respondent.

(m) Moving party (movant-usually petitioner) calls witnesses and questioning proceeds as follows:

1. movant questions;

2. non-movant cross-examines;

3. movant redirects;

4. non-movant re-cross-examines;

5. Inspector General questions; and 6. Further questions by petitioner and respondent.

(n) Other party (usually the Respondent) calls witnesses and questioning proceeds as follows:

1. (Respondent) other party questions.

2. (Petitioner) moving party cross-examines.

3. (Respondent) other party redirects.

4. (Petitioner) moving party re-cross-examines.

5. Inspector General questions.

6. Further questions by respondent and petitioner.

(o) Petitioner and respondent allowed to call appropriate rebuttal and rejoinder witnesses with examination proceeding as outlined above.

(p) Closing arguments are allowed to be presented by the petitioner and by the respondent.

(q) The administrative judge prepares to turn proceedings over to the Inspector General by charging the Inspector General as to the applicable law, requisites of the final order, December, 2007 12 and other pertinent matters. The administrative judge will take no part in any finding of fact or conclusion of law by the Inspector General.

(r) The administrative judge then turns the proceedings over to the Inspector General for deliberation and the decision.

(s) The Inspector General deliberates in public and reaches a decision which is communicated to the parties or takes the case under advisement and schedules public deliberations for a later time.

(2) The order of proceedings for the hearing of contested cases when an administrative judge is hearing the case alone is identical to the procedure outlined in paragraph (1) with the exception that the Inspector General is not present to participate. The parties are informed that an Initial Order will be written and sent to the parties and that the Initial Order will inform the parties of their appeal rights.

(3) Paragraphs (1) and (2) of this rule are intended to be merely a general outline as to the conduct of a contested case proceeding and it is not intended that a departure from the literal form or substance of this outline, in order to expedite or ensure the fairness of proceedings, would be in violation of this rule.

History

• Authority: T.C.A. §§ 4-5-202, 4-5-219, 71-5-2518, and 71-5-2604.
• Administrative History: Public Necessity rule filed April 9, 2007; expired September 21, 2007. Original rule filed August 8, 2007; effective December 28, 2007.

Tenn. Comp. R. & Regs. 0620-04-02-.15 DEFAULT AND UNCONTESTED PROCEEDINGS

(1) Default.

(a) The failure of a party to request a hearing after receiving actual service of notice of charges and opportunity for a hearing, or to attend or participate in a prehearing conference, hearing or any other stage of contested case proceedings after due notice thereof is cause for holding such party in default pursuant to Tenn. Code Ann. § 4-5- 309. Failure to comply with any lawful order of the administrative judge or Inspector General, necessary to maintain the orderly conduct of the hearing, may be deemed a failure to participate in a stage of a contested case and thereby be cause for a holding of default.

(b) After entering into the record evidence of service of notice to an absent party, a motion may be made to hold the absent party in default and to adjourn the proceedings or continue on an uncontested basis.

(c) Upon entry into the record evidence of service of notice of charges and opportunity for a hearing as provided in Rule 0620-4-2-.06, the Inspector General may deem the respondent(s) in default and may consider the adequacy of the pleadings and the evidence and the evidence supporting such pleadings in considering whether to issue an initial order based upon the evidence and the respondent’s failure to request a hearing.

(d) The administrative judge, when sitting with the Inspector General, advises the agency whether the service of notice is sufficient as a matter of law, according to rule 0620-4- 2-.06.

December, 2007 13 (e) If the notice is held to be adequate, the Inspector General, or administrative judge hearing a case alone, shall grant or deny the motion for default, taking into consideration the criteria listed in rule 0620-4-2- .06, where appropriate. Grounds for the granting of a default shall be stated and shall thereafter be set forth in a written order. If a default is granted, the proceedings may then be adjourned or conducted without the participation of the absent party.

(f) The Inspector General or administrative judge shall serve upon all parties written notice of entry of default for failure to appear. The defaulting party, no later than fifteen (15) days after service of such notice of default, may file a motion for reconsideration under Tenn. Code Ann. § 4-5-317, requesting that the default be set aside for good cause shown, and stating the grounds relied upon. The Inspector General or administrative judge may make any order in regard to such motion as is deemed appropriate, pursuant to Tenn. Code Ann. § 4-5-317.

(2) Effect of Entry of Default.

(a) Upon entry into the record of the default of the petitioner at a contested case hearing, the charges shall be dismissed as to all issues on which the petitioner bears the burden of proof, unless the proceedings are adjourned.

(b) Upon entry into the record of the default of the respondent at a contested case hearing, the matter shall be tried as uncontested as to such respondent, unless the proceedings are adjourned.

(c) Upon the entry into the record of the default of the respondent(s) to request a hearing after being served with a notice of charges and opportunity for a hearing as provided in

Rule 0620-4-2-.06, the Inspector General may issue an initial order granting or denying the relief sought in the notice of charges. The respondent(s) may seek to set aside such initial order as provided in Tenn. Code Ann. § 4-5-317.

(3) Uncontested Proceeding. When a contested case hearing is tried as uncontested, the petitioner has the burden of proof of establishing affirmative allegations of a prima facie case by a preponderance of the evidence presented.

History

• Authority: T.C.A.. §§ 4-5-202, 4-5-219, 71-5-2518, and 71-5-2604.
• Administrative History: Public Necessity rule filed April 9, 2007; expired September 21, 2007. Original rule filed August 8, 2007; effective December 28, 2007.

Tenn. Comp. R. & Regs. 0620-04-02-.16 EVIDENCE IN HEARINGS

In all OIG hearings, the testimony of witnesses shall be taken in open hearings, except as otherwise provided by these rules. In the discretion of the OIG or at the motion of any party, witnesses may be excluded prior to their testimony. The standard for admissibility of evidence is set forth at Tenn. Code Ann. § 4-5-313.

History

• Authority: T.C.A. §§ 4-5-202, 4-5-219, 71-5-2518, and 71-5-2604.
• Administrative History: Public Necessity rule filed April 9, 2007; effective through September 21, 2007. Original rule filed August 8, 2007; effective December 28, 2007.

Tenn. Comp. R. & Regs. 0620-04-02-.17 CLERICAL MISTAKES

Prior to any appeal being perfected by either party to Chancery Court, clerical mistakes in orders or other parts of the record, and errors therein arising from oversight or omissions may be corrected by the administrative judge, if sitting alone, or by the Inspector General, if the matter was heard before him/her, at December, 2007 14 any time on the initiative of either the administrative judge or the Inspector General or on motion of any party and after such notice, if any, as the administrative judge may require. The entering of a corrected order will not affect the dates of the original appeal time period

History

• Authority: T.C.A. §§ 4-5-202, 4-5-219, 71-5-2518, and 71-5-2604.
• Administrative History: Public Necessity rule filed April 9, 2007; effective through September 21, 2007. Original rule filed August 8, 2007; effective December 28, 2007.

Tenn. Comp. R. & Regs. 0620-04-02-.18 FILING OF FINAL ORDERS

A copy of all final orders entered by the Inspector General or his/her designee in a contested case hearing shall be filed with APD. The order shall state that it is deemed entered upon the date that it is filed with APD. The person responsible for drafting and filing the final order with APD shall assure that a copy of the final order with its filing date stamped by APD is mailed to the opposing party, or if such party is represented by counsel, to counsel for the opposing party on the date of filing. All final orders shall contain a clear and concise statement of the available procedures and time limits for seeking reconsideration or other administrative relief and the time limits for seeking judicial review of the final order.

History

• Authority: T.C.A. §§ 4-5-202, 4-5-219, 71-5-2518, 71-5-2604.
• Administrative History: Public Necessity rule filed April 9, 2007; expired September 21, 2007. Original rule filed August 8, 2007; effective December 28, 2007.

Tenn. Comp. R. & Regs. 0620-04-02-.19 REVIEW OF FINAL ORDERS

Review of initial or final orders shall be conducted by the Inspector General or, at the sole discretion of the Inspector General, by an individual designated to review initial or final orders. Such individual shall not have participated in or have received any remuneration as an advocate, investigator, or interested party in the subject of the litigation. An individual designated by the Inspector General to review initial or final orders shall comply with all statutory requirements regarding the issuance of a final order, as provided at Tenn. Code Ann. §§ 4-5-301 – 325.

History

• Authority: T.C.A. §§ 4-5-202, 4-5-219, 71-5-2518, and 71-5-2604.
• Administrative History: Public Necessity rule filed April 9, 2007; expired September 21, 2007. Original rule filed August 8, 2007; effective December 28, 2007. December, 2007 15

Chapter 0620-05-01 Repealed

Tenn. Comp. R. & Regs. 0620-05-01-.01 REPEALED

History

• Authority: T.C.A. §§ 4-5-202, 71-3-1104, 71-3-1106, 71-3-1110, and the Tennessee Title XXI Children’s Health Insurance Program State Plan.
• Administrative History: Public necessity rule filed March 13, 2007; expired August 25, 2007. Original rule filed May 30, 2007; effective August 13, 2007. Amendment filed May 22, 2008; effective August 5, 2008. Amendments filed February 25, 2009; effective June 26, 2009. Amendments filed July 20, 2016; effective October 18, 2016. Repeal filed November 28, 2017; effective February 26, 2018.

Tenn. Comp. R. & Regs. 0620-05-01-.05 REPEALED

History

• Authority: T.C.A. §§ 4-5-202, 71-3-1106, 71-3-1110, and the Tennessee Title XXI Children’s Health Insurance Program State Plan.
• Administrative History: Public necessity rule filed March 13, 2007; expired August 25, 2007. Original rule filed May 30, 2007; effective August 13, 2007. Repeal filed November 28, 2017; effective February 26, 2018.

Tenn. Comp. R. & Regs. 0620-05-01-.02 REPEALED

History

• Authority: T.C.A. §§ 4-5-202, 4-5-208, 71-3-1104, 71-3-1106, 71-3-1110, and the Tennessee Title XXI Children’s Health Insurance Program State Plan.
• Administrative History: Public necessity rule filed March 13, 2007; expired August 25, 2007. Original rule filed May 30, 2007; effective August 13, 2007. Public necessity rule filed February 22, 2008; effective through August 5, 2008. Amendments filed May 22, 2008; effective August 5, 2008. Amendments filed February 25, 2009; effective June 26, 2009. Emergency rule filed October 12, 2009; effective through April 10, 2010. Amendment filed January 11, 2010; effective April 11, 2010. Amendments filed July 20, 2016; effective October 18, 2016. Repeal filed November 28, 2017; effective February 26, 2018.

Tenn. Comp. R. & Regs. 0620-05-01-.03 REPEALED

History

• Authority: T.C.A. §§ 4-5-202, 71-3-1104, 71-3-1106, 71-3-1110, and the Tennessee Title XXI Children’s Health Insurance Program State Plan.
• Administrative History: Public necessity rule filed March 13, 2007; expired August 25, 2007. Original rule filed May 30, 2007; effective August 13, 2007. Amendments filed May 22, 2008; effective August 5, 2008. Amendment filed June 17, 2014; effective September 15, 2014. Amendment filed July 27, 2015; effective October 25, 2015. Repeal filed November 28, 2017; effective February 26, 2018.

Tenn. Comp. R. & Regs. 0620-05-01-.04 REPEALED

History

• Authority: T.C.A. §§ 4-5-202, 71-3-1106, 71-3-1110, and the Tennessee Title XXI Children’s Health Insurance Program State Plan.
• Administrative History: Public necessity rule filed March 13, 2007; expired August 25, 2007. Original rule filed May 30, 2007; effective August 13, 2007. Repeal and new rule filed May 22, 2008; effective August 5, 2008. Amendment filed February 25, 2009; effective June 26, 2009. Repeal filed November 28, 2017; effective February 26, 2018.

Tenn. Comp. R. & Regs. 0620-05-01-.06 REPEALED

History

• Authority: T.C.A. §§ 4-5-202, 71-3-1104, 71-3-1106, 71-3-1110, and the Tennessee Title XXI Children’s Health Insurance Program State Plan.
• Administrative History: Emergency rule filed September 26, 2013; effective through March 25, 2014. Repeal of emergency rule filed September 26, 2013 was filed on December 20, 2013. In its place, emergency rule 0620-05-01- .06 was filed December 20, 2013; effective through June 18, 2014. New rule filed March 17, 2014; effective June 15, 2014. Repeal filed November 28, 2017; effective February 26, 2018.