(a) An appeal that is permitted by state or federal law or regulations for actions of the department of human services relative to Title IV-D child support services involving the following actions of the department shall be processed as provided in subsections (b) and (c) and §§ 36-5-1002 – 36-5-1006:

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Terms Used In Tennessee Code 36-5-1001

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Tennessee Code 36-5-2101
  • Income: includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state. See Tennessee Code 36-5-2101
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Law: includes decisional and statutory law and rules and regulations having the force of law. See Tennessee Code 36-5-2101
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Tennessee Code 36-5-2101
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. See Tennessee Code 36-5-2101
  • Subpoena: A command to a witness to appear and give testimony.
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) A request for information or records, an administrative order or an administrative subpoena issued pursuant to part 8 of this chapter;
(2) An income withholding order pursuant to part 5 of this chapter;
(3) Notice of enrollment of a child for health care coverage upon a change of employers or as otherwise authorized pursuant to § 36-5-101(h)(2), § 36-2-319, § 36-5-501(a)(3) or § 37-1-151;
(4) Review and adjustment of child support orders pursuant to § 36-5-103;
(5) The enforcement by administrative orders of liens for child support pursuant to part 9 of this chapter;
(6) Income tax refund intercepts pursuant to 45 C.F.R. § 303.72;
(7) Credit information reports pursuant to § 36-5-106;
(8) Distributions of support collections;
(9) Review of administrative orders for payments of overdue support made pursuant to §§ 36-2-322, 36-5-113, and 37-1-151(e) and orders to engage in work activities pursuant to those sections;
(10) Review of orders for administrative determination of continuing exclusive jurisdiction pursuant to § 36-5-816;
(11) Review of civil penalties for failure to provide proper information for the distribution of child support payments pursuant to § 36-5-120; and
(12) Review of income assignment orders for medical coverage entered pursuant to § 36-5-501(a)(3).
(b) Except as otherwise stated in subsections (c) and the following sections of this part, the hearings in subsection (a) shall be conducted pursuant to the provisions for contested case hearings as provided in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(c) The person seeking administrative review of the department’s actions pursuant to subsection (a) shall file a written request with the department for an administrative hearing within fifteen (15) calendar days of the date of the notice of an administrative action pursuant to this part as defined by the department.
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