ANTHONY D. HERRON, JR.
TENNESSEE DEPARTMENT OF HUMAN SERVICES
Assigned on Briefs: December 2, 2016
from the Chancery Court for Shelby County No. CH-15-1092
James R. Newsom, Chancellor
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.
R. App. P. 3 Appeal as of Right; Judgment of the Chancery
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
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.
G. CLEMENT, JR., P.J., M.S
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
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.
March 4, 2015, Petitioner submitted his first progress report
to DRS regarding his flight training.
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
April 1, 2015, Upper Limit ceased operations in Tennessee. As
a consequence, Petitioner was unable to continue his
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 ...