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

December 18, 2017

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

          Assigned on Briefs July 3, 2017

         Appeal from the Chancery Court for Shelby County No. CH-16-1211 Jim Kyle, Chancellor No. W2017-00067-COA-R3-CV

         Anthony D. Herron, Jr., a disabled army veteran, applied and was approved for vocational rehabilitation services through the Tennessee Department of Human Services, Division of Rehabilitation Services. During the course of developing a self-employment plan, the Division of Rehabilitation Services determined it had received insufficient information from Mr. Herron to merit further consideration of his self-employment plan. Mr. Herron administratively appealed, but after a hearing, the Department affirmed the decision of the Division of Rehabilitation Services. Mr. Herron then petitioned for judicial review in chancery court, which also affirmed the decision of the Division of Rehabilitation Services. Mr. Herron appeals. Upon review of the record, we affirm the judgment.

         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; Ellison M. Berryhill, Assistant Attorney General, for the appellee, Tennessee Department of Human Services.

          Richard H. Dinkins, J., delivered the opinion of the court, in which D. Michael Swiney, C.J., and J. Steven Stafford, P.J., W.S., joined.

          OPINION

          RICHARD H. DINKINS, JUDGE

         I. FACTUAL AND PROCEDURAL HISTORY

         Anthony D. Herron, Jr., a disabled army veteran, was determined by the Division of Rehabilitation Services ("the Division" or "DRS") of the Tennessee Department of Human Services ("the Department") to be eligible for vocational rehabilitation services in September 2014; after the determination, Mr. Herron was required to develop, with the assistance of a counselor, an individualized plan for employment ("IPE"). His initial IPE anticipated that he would obtain employment as a flight instructor, and the Department agreed, inter alia, to provide tuition for flight training. Herron v. Tennessee Department of Human Services, No. W2016-01416-COA-R3-CV, 2017 WL 438626, at *2 (Tenn. Ct. App. Feb. 1, 2017).[1] The flight school ceased operations while he was enrolled, and Mr. Herron was unable to continue his training. Id. at *1.

         Mr. Herron continued to pursue vocational rehabilitation services with the Department, and on December 7, 2015, with the assistance of his counselor Edgar Chism, Mr. Herron completed an Employment Needs Assessment ("ENA"). In the assessment, Mr. Chism stated that Mr. Herron was suited for self-employment and that financial barriers were the sole obstacles to his self-employment. Mr. Herron and Mr. Chism signed a Business Exploration Agreement ("BEA"), which outlined their respective responsibilities while exploring Mr. Herron's suitability for self-employment. The BEA stated that a business plan "must be approved in accordance with DRS requirements prior to the development of [an] Individualized Plan for Employment."

         Mr. Herron established as an objective that he would open a business selling high-quality hair extensions. Mr. Chism put him in contact with the Service Core of Retired Executives, the Tennessee Business Enterprise Resource Office, the University of Memphis' Center for Entrepreneurship and Innovation, and the Small Business Association; Mr. Herron used these resources to create his feasibility/market analysis, business plan, and cash flow projection. Mr. Chism approved of Mr. Herron's analysis and plan, and concluded that self-employment was the "best employment objective" for Mr. Herron.[2] Mr. Chism then submitted the documents to George Wright, the Region 9 Supervisor of the Vocational Rehabilitation program, for review in accordance with the last step of the self-employment process.[3]

         On January 14, 2016, Mr. Wright sent Mr. Herron an email, acknowledging receipt of the feasibility study and market analysis and stating the following, in pertinent part:

I know that you plan a niche business with no competitors offering an identical service/product. But you have provided an extensive list of beauty shops, salons, and dealers in the proposed area that you will operate. Your market analysis needs to include those businesses that will directly compete with you by offering your potential customers similar products or services that would result in customer receiving an extension/weave. Who are the nearest competitors within a 15-20 mile radius (30-40 minute drive) that would be considered major competitors?
Regarding #3 under Feasibility/Market Analysis "required income, " we need to have information about anticipated 1st year wages/earnings for similar business start-ups in the SW Tennessee area as this information is critical to further consideration. The area chamber of commerce or your ...

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.