Definitions

(1) The following terms as used in these rules shall have the meanings described below: (a) “Abuse” means the knowing infliction of injury, unreasonable confinement, intimidation or punishment with resulting physical harm, pain or mental anguish. OFFICE OF ADMINISTRATIVE APPEALS CHAPTER 0465-03 (b) “Abuse Registry” means the Registry maintained by the Department of Health which contains the names of persons who have abused, neglected, exploited or misappropriated property of a vulnerable person as defined in T.C.A. § 68-11-1002(8). The registry is established by T.C.A. §§ 68-11-1001, et seq. (c) “Abuse Registry Review Committee” or “ARRC” means the DIDD committee that reviews the cases of persons who have been substantiated at the Class I level for A/N/E, or persons who have three (3) or more Class II substantiations for A/N/E in separate investigations for incidents occurring or discovered within a twenty-four (24) month period, to make decisions regarding referrals for placement on the Abuse Registry. (d) “Administrative Judge” means an employee of the Administrative Procedures Division of the Office of the Secretary of State who conducts contested case hearings. (e) “Administrative Procedures Division” or “APD” means the division of the Secretary of State which is responsible for conducting contested case hearings. (f) “Adverse Administrative Action” means one or more of the following determinations by the department affecting an individual: 1. Class I substantiation of a person for allegations of A/N/E following an administrative investigation conducted by DIDD and proposed placement of the perpetrator’s name on DIDD’s Substantiated Investigations Records Inquiry (SIRI) database; 2. Three (3) or more Class II substantiations of a person in separate investigations for incidents occurring or discovered within a twenty-four (24) month period of an individual for allegations of A/N/E following administrative investigations conducted by DIDD and proposed placement of the perpetrator’s name on DIDD’s SIRI database; and 3. Proposed placement of an individual on the State’s Abuse Registry, by decision of DIDD’s Abuse Registry Review Committee, for either of the above. (g) “A/N/E” means abuse, neglect, misappropriation of money or property of, or exploitation of, a person supported by DIDD. (h) “Appeal” means the process by which an appellant requests review of one or more adverse administrative actions, as defined herein, in accordance with procedures set forth in these rules. Except as otherwise specified herein, an appeal may consist of a file review or a contested case hearing or both. An Initial Order issued by an administrative judge of the APD following a contested case hearing may also be appealed to the Commissioner’s Designee pursuant to T.C.A. § 4-5-315 and/or to the appropriate Chancery Court pursuant to T.C.A. § 4-5-322. (i) “Appellant” means a person who has filed an appeal challenging an adverse administrative action, as defined herein, against that person. Under the circumstances described in Rules 0465-03-01-.12(11) and 0465-03-01-.18(1), the department may also be an appellant. (j) “Class I” and “Class II” are categories utilized by DIDD investigators in classifying a substantiation, with Class I being the more egregious. OFFICE OF ADMINISTRATIVE APPEALS CHAPTER 0465-03 1. Class I means the wrongful conduct affecting the person supported constituted abuse, neglect, exploitation, or misappropriation of money or property, and resulted in one or more of the following consequences to the person supported: death, serious injury or physical harm; physical or sexual abuse; significant pain, intimidation or mental anguish; probable risk of serious harm; loss of funds or property of greater than $500 in value or prescription controlled medications regardless of value; or, through supervision neglect, harming a citizen in the community or engaging in criminal acts resulting in arrest and confinement. Wrongful conduct in this category is of a nature serious enough to call into question whether the offender should be entrusted with the care of vulnerable persons. 2. Class II means the wrongful conduct affecting the person supported constituted abuse, neglect, exploitation, or misappropriation of money or property, but resulted in minimal or no physical harm or injury, pain or mental anguish; minimal risk of serious harm; loss of funds or property of up to $500 in value; or violations of plans of care with minimal or no adverse consequences. Wrongful conduct in this category is of a nature that disciplinary action and/or additional training may reasonably be deemed sufficient to address. (k) “Commissioner” means the commissioner of the Tennessee Department of Intellectual and Developmental Disabilities. (l) “Commissioner’s Designee” means a person authorized by the commissioner to review Initial Orders issued by administrative judges of the APD and to enter Final Orders pursuant to T.C.A. § 4-5-315. Reviewing officials of the OAA are also designees of the commissioner. (m) “Contested Case” or “Contested Case Hearing” means an administrative proceeding in which the legal rights, duties or privileges of a party are required by any statute or constitutional provision to be determined after an opportunity for a hearing. The department may commence a contested case at any time with respect to a matter within its jurisdiction. Contested case hearings are conducted by administrative judges of the APD in accordance with the APD’s rules and procedures. (n) “Department” or “DIDD” means the Tennessee Department of Intellectual and Developmental Disabilities. (o) “Exploitation” means actions including but not limited to the deliberate misplacement, misappropriation or wrongful temporary or permanent use of belongings or money with or without the consent of a person using services. The illegal or improper use of a person’s resources or status for another’s benefit or advantage is considered exploitation. (p) “File Review” is a proceeding requested by an appellant and conducted by DIDD’s Office of Administrative Appeals (OAA) in which the matter is decided by a reviewing official based on the department’s records or file material and any written submissions by the appellant. The reviewing official may uphold, overturn, or modify the adverse administrative action. (q) “Final Order” means an Initial Order of an administrative judge of the APD which has become a Final Order, or an order issued by the Commissioner’s Designee after review of an Initial Order, concerning a contested case. An Initial Order becomes a Final Order in accordance with T.C.A. § 4-5-314. OFFICE OF ADMINISTRATIVE APPEALS CHAPTER 0465-03 (r) “Hearing” means a contested case proceeding before an administrative judge of the APD. (s) “Initial Order” means the written decision of the administrative judge issued after a contested case hearing. (t) “Misappropriation of property” means the deliberate misplacement, exploitation, or wrongful, temporary or permanent use of belongings or money without consent. (u) “Neglect” means failure to provide goods or services necessary to avoid physical harm, mental anguish, or mental illness, which results in injury or probable risk of serious harm. (v) “Party” means each person or entity participating in an appeal. (w) “Reviewing official” means an employee of the OAA who is designated by the commissioner to conduct file reviews. (x) “Substantiated” means that following a DIDD administrative investigation, a person has been determined, by a preponderance of the evidence, to have committed an act(s) against a person supported by DIDD that meets the definitions of abuse, neglect, misappropriation of property or exploitation. (y) “Substantiated Investigation Records Inquiry” or “SIRI” means a database maintained by DIDD containing information regarding substantiations of perpetrators of A/N/E.