Tenn. Comp. R. & Regs. 0250-05-02-.01 - DEFINITIONS
(1) The following words and terms as used in
the rules for the Administrative Procedures Division shall have the meaning
hereinafter ascribed to them:
(a)
Administrative Judge - An Administrative Judge is an impartial official of the
Department of Children's Services who is licensed to practice law and is
designated by the Commissioner or his/her designated representative to conduct
contested case proceedings pursuant to T.C.A.4-5-301. The staff member so
designated shall have no direct involvement in the action under consideration
prior to filing of the appeal.
(b)
Agency - The agency is the Tennessee Department of Children's
Services.
(c) Appeal - An appeal is
a procedure for bringing grievances which cannot be resolved in the local
office to the State Office for a hearing.
(d) Appellant - An appellant is an individual
who is dissatisfied with an action of the Department in regard to the
furnishing or denial of services and who, as a result, is requesting a fair
hearing before the State Office.
(e) Applicant for Services - An applicant for
services shall be the person on whose behalf a service is sought from a Service
Program of the Department of Children's Services, even though some other person
may request the service and/or may incidentally benefit from the service. The
applicant for services to children, including but not limited to adoption
services, foster care services and child protective services shall be the child
for whose benefit the service is sought.
(f) Commissioner - The Commissioner is the
Commissioner of the Tennessee Department of Children's Services.
(g) Department - The Department is the
Tennessee Department of Children's Services.
(h) Fair Hearing - A fair hearing is a
proceeding before an impartial official designated by the Commissioner of the
Department of Children's Services in which an appellant or his/her
representative may present his/her case, with or without witnesses, to show why
action or inaction by the county, area or regional office should be
corrected.
(i) File - To file a
document relating to a Fair Hearing with this department is to deliver that
document to the proper officer or official. A hearing request, or appeal, is
not filed until it is received by the Administrative Procedures Division of
this department.
(j) Hearing
Officer - A Hearing Officer is an impartial official of the Department of
Children's Services who is not licensed to practice law and is designated by
the Commissioner or his/her designated representative to conduct contested case
proceedings pursuant to TCA § 4-5-301. The staff member so designated
shall have no direct involvement in the action under consideration prior to
filing the appeal.
(k) Local Office
- A local office is the departmental office having jurisdiction over the case,
primarily the county office,
(l)
Party - A party means each person or agency named or admitted as a party, or
properly seeking and entitled as of right to be admitted as a party.
(m) Person - A person means any individual,
partnership, corporation, association, governmental subdivision or public or
private organization of any character, including another agency.
(n) Rule - A rule means each agency statement
of general applicability that implements or prescribes law or policy or
describes the procedures or practice requirements for any agency. The term
includes the amendment or repeal of a prior rule, but does not include:
1. statements concerning only the internal
management of an agency and not affecting private rights, privileges or
procedures available to the public; or
2. declaratory rulings issued pursuant to TCA
§
4-5-223; or
3. intra-agency memoranda; or
4. general policy statements which are
substantially repetitious of existing law.
(o) Services Programs - The service programs
encompass Social Services (Direct Services and Third Party Services)
(p) Recipient of Services - The recipient of
services is the person for whose benefit services are provided by a service
program of the Department of Children's Services. The recipient of services for
children, including but not limited to adoption services, foster care services,
and child protective services, shall be the child for whose benefit the service
is being provided.
Notes
Authority: T.C.A. §§ 37-5-105 and 37-5-112.
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