Tenn. Comp. R. & Regs. 1240-05-01-.04 - SCOPE

(1) Subject to any superseding Federal or State law, and specifically subject to the superseding provisions of 1240-5-1-.01(1)(b), (c), (d) and (e), these rules shall govern contested case proceedings before the Department of Human Services and will be relied upon by hearing officials in all contested cases utilizing hearing officials.

(2) Any procedural provision of these rules, which is not subject to a superseding Federal or State law, may be suspended where clearly warranted in the interest of justice.

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

Notes

Tenn. Comp. R. & Regs. 1240-05-01-.04

Original rule filed January 20, 1984; effective February 19, 1984. Amendment filed April 30, 1985; effective July 14, 1985. Repeal and new chapter filed September 30, 2004; effective December 14, 2004. Amendment filed February 26, 2007; effective May 12, 2007.

Authority: T.C.A. §§ 4-5-202, 4-5-219, 71-1-105(12) and 71-1-111; 29 U.S.C. §§ 701 et seq., 720 et seq. and 722 et seq.; 42 U.S.C. §§ 1761 and 1766; 34 C.F.R. § 361 et seq.; and 7 C.F.R. §§ 225.13 and 226.6.