Section 1680-06-02-.08 - ALIENS NOT LAWFULLY PRESENT IN THE UNITED STATES(1) Certification Requirement. Each person seeking relocation payments or relocation assistance advisory services shall, as a condition of eligibility, certify:
(a) In the case of an individual, that he or she is either a citizen or national of the United States, or an alien who is lawfully present in the United States.(b) In the case of a family, that each family member is either a citizen or national of the United States, or an alien who is lawfully present in the United States. This certification may be made by the head of the household on behalf of other family members.(c) In the case of an unincorporated business, farm operation or nonprofit organization, that each owner is either a citizen or national of the United States, or an alien who is lawfully present in the United States. This certification may be made by the principal owner, manager or operating officer on behalf of other persons with an ownership interest.(d) In the case of an incorporated business, farm operation or nonprofit organization, that the corporation is authorized to conduct business within the United States.(2) Content of Certification. The certification required under Subparagraphs (1)(a), (1)(b) and (1)(c) of this Rule shall indicate whether such person is a citizen or national of the United States, or an alien who is lawfully present in the United States. Requirements concerning the content of the certification in addition to those contained in this Paragraph shall be within the discretion of the federal funding agency, where applicable, or the displacing agency.
(3) Review of Validity of Certification.(a) The displacing agency shall consider the certification provided under Paragraph (1) of this Rule to be valid, unless the displacing agency determines in accordance with Subparagraph (c) below that it is invalid based on a review of an alien's documentation or other information that the displacing agency considers reliable and appropriate.(b) Any review of a certification shall be conducted by the displacing agency in a non-discriminatory manner. The displacing agency shall apply the same standard of review to all such certifications, except that the standard may be revised periodically.(c) If, based on a review of an alien's documentation or other credible evidence, a displacing agency has reason to believe that a person's certification is invalid and, therefore, that such person may be an alien not lawfully present in the United States, the displacing agency shall obtain the following information before making a final determination:1. If the displacing agency has reason to believe that the certification of a person who has certified that he or she is an alien lawfully present in the United States is invalid, the displacing agency shall obtain verification of the alien's status from the local Immigration and Naturalization Service (INS) Office. Any request for INS verification shall include the alien's full name, date of birth and alien number, and a copy of the alien's documentation.2. If the displacing agency has reason to believe that the certification of a person who has certified that he or she is a citizen or national is invalid, the displacing agency shall request evidence of United States citizenship or nationality from such person and, if considered necessary, verify the accuracy of such evidence with the issuer.(4) Eligibility for Relocation Assistance or Relocation Payments. (a) No relocation assistance advisory services or relocation payments shall be provided to a person who has not provided the certification required in Paragraph (1) of this Rule or who has been determined to be an alien not lawfully present in the United States, unless such person can demonstrate to the displacing agency's satisfaction that the denial of relocation benefits will result in an exceptional and extremely unusual hardship to such person's spouse, parent or child who is an alien lawfully admitted for permanent residence in the United States, as provided in Subparagraph (c) below.(b) In computing relocation payments under this Chapter, the displacing agency shall not include relocation payments for any member of a household or any owner of an unincorporated business, farm operation or nonprofit organization that is determined to be ineligible for such payments as an alien not lawfully present in the United States. The amount of any such relocation payments for which such household or unincorporated business, farm operation or nonprofit organization would otherwise be eligible shall be computed for the household based on the number of eligible household members and for the unincorporated business, farm operation or nonprofit organization based on the ratio of ownership between eligible and ineligible owners.(c) For the purposes of Subparagraph (a) of this Paragraph, "exceptional and extremely unusual hardship" to the spouse, parent or child of an alien not lawfully present in the United States means that denial of relocation payments and relocation assistance advisory services to such person will directly result in:1. A significant and demonstrable adverse impact on the health or safety of such spouse, parent or child;2. A significant and demonstrable adverse impact on the continued existence of the family unit of which such spouse, parent or child is a member; or3. Any other impact that the displacing agency determines will have a significant and demonstrable adverse impact on such spouse, parent or child.Tenn. Comp. R. & Regs. 1680-06-02-.08
Original rule filed August 12, 1974; effective September 11, 1974. Repeal and new rule filed October 31, 2002; effective January 14, 2003. Rule has been assigned a new control number from 1680-2-4-.08 filed and effective February 1, 2003.Authority: T.C.A. § 13-11-113.