Frequently Asked Questions
What is an administrative hearing?
An administrative hearing is a legal proceeding designed to review a Tennessee Department of Human Services (DHS) action before an impartial hearing official. Each party to an administrative hearing has a right to present and question witnesses, and to submit or challenge documents regarding the decision. The result of the proceeding is a decision to affirm, modify, or set aside the original DHS action.
What happens after I request a hearing?
In most cases, the hearing will be scheduled and each party is served with a Notice of Hearing identifying the time, date, and place for the hearing. An impartial Administrative Hearing Official is also assigned to preside over the case. The hearing may be in person or by telephone.
In certain cases, a prehearing conference is conducted by telephone. The prehearing conference is normally used to determine procedural matters necessary for an efficient hearing.
How do I prepare for my hearing?
Persons appearing before the Division of Appeals and Hearings may be represented by an attorney or a non-attorney representative.
Each party is responsible for presenting testimony and/or exhibits that support their case. To prepare for your hearing, you should obtain copies of any documents you want the Administrative Hearing Official to consider and submit them to the Clerk’s Office. You may fax your documents to (615) 248-7013 or (866) 355-6136. You may email your documents to AppealsClerksOffice.DHS@tn.gov. You should also notify your witnesses of the date and time of the hearing. If your hearing will be conducted by telephone, please have the names and telephone numbers of your witnesses ready for the Administrative Hearing Official.
If you have a conflict and cannot attend your hearing as scheduled, you may request a continuance. To request a continuance please contact the Clerk’s Office at 1-833-772-TDHS (8347) or AppealsClerksOffice.DHS@tn.gov. Please be sure to tell the Clerk’s Office your name, the date of your hearing, and why you are requesting a continuance. The Clerk’s Office will forward your request to the presiding Administrative Hearing Official who will decide whether to grant or deny your request.
What if I no longer want to have a hearing?
If you do not want to proceed with your appeal, please fill out, sign, and return the appeal withdrawal form. Or you may send an email to the Appeals Clerk’s Office with your name, docket number, and a statement that you want to withdraw your appeal. You can even take a picture of this completed form and send it via email. You may return this form by mail, email, or fax to the following:
Department of Human Services
Division of Appeals and Hearings
ATTN: Clerk's Office
1st Floor, James K. Polk Building
505 Deaderick Street
Nashville, Tennessee 37243-8996
Fax: (615) 248-7013 or (866) 355-6136
Email to: AppealsClerksOffice.DHS@tn.gov