Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Herron v. Tennessee Department of Human Services

Court of Appeals of Tennessee, Jackson

February 1, 2017

ANTHONY D. HERRON, JR.
v.
TENNESSEE DEPARTMENT OF HUMAN SERVICES

          Assigned on Briefs: December 2, 2016

         Appeal from the Chancery Court for Shelby County No. CH-15-1092 James R. Newsom, Chancellor

         This is an administrative appeal in which Petitioner challenges the decision of the Tennessee Department of Human Services to suspend services he received pursuant to the state's vocational rehabilitation program. The Division of Appeals and Hearings upheld the Department's decision to suspend Petitioner's services and this decision was affirmed by the Department's commissioner. Thereafter, Petitioner filed a petition for judicial review with the Shelby County Chancery Court. The court upheld the Department's actions and dismissed the petition. Petitioner appealed; we affirm.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed.

          Anthony Herron Jr., Memphis, Tennessee, Pro Se.

          Herbert H. Slatery, III, Attorney General and Reporter, and M. Cameron Himes, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Human Services.

          Frank G. Clement, Jr., P.J., M.S., delivered the opinion of the Court, in which Thomas R. Frierson, II and Kenny W. Armstrong, JJ., joined.

          OPINION

          FRANK G. CLEMENT, JR., P.J., M.S

         In September 2014, the Department of Human Services, Division of Rehabilitation Services ("DRS") determined that Anthony Herron ("Petitioner") was eligible for services under the state's vocational rehabilitation program. Thereafter, DRS and Petitioner established an individualized plan for employment with the objective of Petitioner obtaining employment as a flight instructor. Under this plan, DRS agreed to provide Petitioner with tuition for flight training, books, supplies, transportation, and other necessary services.

         Petitioner enrolled in flight school with Upper Limit Aviation, Inc. ("Upper Limit") in November 2014. After training commenced, DRS requested that Petitioner sign a release allowing DRS to communicate with Upper Limit regarding Petitioner's progress. Petitioner refused to sign this release and informed Upper Limit that he did not consent to disclosure of information to DRS. Thus, because it was unable to ascertain whether Petitioner was making progress in his training, DRS suspended payment of Petitioner's tuition pending receipt of progress reports. Despite the suspension of payments by DRS, Petitioner continued to receive flight training from Upper Limit.

         On March 4, 2015, Petitioner submitted his first progress report to DRS regarding his flight training.

         On March 18, 2015, Upper Limit informed Petitioner that his training was placed on hold due to nonpayment of tuition. After Petitioner contacted DRS to inquire about the overdue balance, DRS notified Upper Limit on March 20, 2015, that it would continue payment of Petitioner's tuition.[1]

         On April 1, 2015, Upper Limit ceased operations in Tennessee. As a consequence, Petitioner was unable to continue his training.

         In May 2015, Petitioner filed a claim with the Department of Human Services, Division of Appeals and Hearings. He alleged that DRS failed to properly administer and execute his employment plan in accordance with applicable law, regulations, and policies and erroneously suspended his tuition payments. After an administrative hearing, the hearing officer found no error with the suspension of tuition ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.