Section 1640-01-09-.11 - APPEAL AND EXCEPTION PROCESS(1) TSAC staff will determine the initial eligibility of applicants according to the requirements in these rules. Applicants who believe that the initial eligibility determination was not made in accordance with the Act and these rules may appeal to the TSAC Appeals Panel described in Tenn. Comp. R. & Regs. 1640-01-19 for relief.(2) Except for appeals of initial eligibility determinations, each eligible postsecondary institution shall use its existing Institutional Review Panel (IRP) for purposes of reviewing and rendering decisions regarding appeals for the Ned McWherter Scholars program. The IRP shall use the same procedures and timelines as those that currently exist for the review of Tennessee Education Lottery Scholarship (TELS) appeals as outlined in Tenn. Comp. R. & Regs. 1640-01-19.(3) TSAC shall use the existing TSAC Appeals Panel to consider appeals and render decisions for those students who appeal a decision made by the IRP and for appeals made directly to TSAC. The same guidelines shall exist for appeals of the Ned McWherter Scholars program as those that are currently in place for TELS as outlined in Tenn. Comp. R. & Regs. 1640-01-19. A decision of the TSAC Appeals Panel made on the merits of the appeal is the final administrative remedy available to the student.Tenn. Comp. R. & Regs. 1640-01-09-.11
Original rule filed April 10, 1986; effective July 14, 1986. Amendments filed February 13, 2017; effective May 14, 2017. Rule was previously numbered 1640-01-09-.07 but was renumbered 1640-01-09-.11 with the introduction of new rules 1640-01-09-.02 and 1640-01-09-.08 through 1640-01-09-.10 filed April 21, 2023; effective 7/20/2023. Amendments filed April 21, 2023; effective 7/20/2023.Authority: T.C.A. §§ 49-4-201, 49-4-203, and 49-4-204.