Tenn. Comp. R. & Regs. 0400-02-13-.08 - RENEWAL OF COMMERCIAL USE AUTHORIZATION

(1) Any person who holds a commercial use authorization issued under this chapter may renew a commercial use authorization by filing with the Commissioner a renewal application, accompanied by the required renewal fee, that includes:

(a) The name of the applicant;

(b) The contact information, including phone number and email address for the applicant;

(c) Proof of general liability insurance covering the commercial park activity in the amount of $1 million per occurrence with the State of Tennessee named as an additional insured, unless an alternate insurance amount is approved by the Commissioner based on the individual risk factors of the applicant's commercial park activities;

(d) Any changes to the applicant's operation plans and emergency operation plans for the proposed commercial park activity since the last time such plans were provided to the Commissioner;

(e) Any changes in qualification of the applicant to provide the proposed commercial park activity, including but not limited to training for all staff that will participate in the commercial park activities, since the last time such qualifications were provided to the Commissioner;

(f) Any change to the statement of the expected group sizes, if applicable, and frequency of the commercial park activity since the last time such information was provided to the Commissioner;

(g) If the person who is renewing the commercial authorization is a business entity other than an individual or general partnership, proof that the entity:

1. Holds a registration as a domestic or foreign business entity, as appropriate, in good standing with the Tennessee Secretary of State; and

2. Has obtained all permits and licenses, including business licenses, and paid all charges, fees, or taxes required by the State of Tennessee or its political subdivisions for the provision of the commercial park activity;

(h) A list of any conviction or entry of a plea of guilty by the applicant or, if the applicant is an entity, by any person that owns part or all of the applicant entity that has not previously been disclosed to the Commissioner;

(i) Whether the applicant is requesting the renewal term be the same as the expiring commercial use authorization's term and, if not, the requested term length; and

(j) Any other documentation or information reasonably requested by the Commissioner regarding the commercial park activity.

(2) Upon receipt of a complete renewal application with all required fees that is filed prior to the expiration of the commercial use authorization, the Commissioner shall renew a commercial use authorization, including one originally issued pursuant to a limited timeframe, unless the Commissioner refuses to renew the commercial use authorization pursuant to Rule 0400-0213-.06. Persons whose commercial use authorization has expired but who have filed a complete renewal application, including payment of all required fees, prior to the commercial use authorization becoming invalid pursuant to paragraph (3) of this rule may continue to operate under the terms of the expired commercial use authorization until the Commissioner either approves the application or there is a final refusal to renew the commercial use authorization pursuant to Rule 0400-02-13-.06. However, no person shall engage in any activity under a commercial use authorization while it is expired if the person's application has not been submitted or is incomplete, including not having paid all required fees.

(3) If a person submits a complete renewal application, including all applicable fees, after the person's commercial use authorization has expired but within 60 days of expiration, the Commissioner shall reissue the commercial use authorization if the application would have been approved under paragraph (2) of this rule had the application been submitted before expiration. If a person who holds a commercial use authorization fails to file a complete renewal application, including payment of all fees, within 60 days of the expiration of the commercial use authorization, then the commercial use authorization shall be invalid and the person shall file a new application for a commercial use authorization.

(4) If a person who holds a commercial use authorization files a renewal application before the expiration of the 60-day period outlined in paragraph (3) of this rule and the renewal application is incomplete, the Commissioner shall notify the applicant of the reason that the renewal application is incomplete and that the applicant has until 60 days after the expiration of the commercial use authorization to file a complete application as required under paragraph (3) of this rule.

(5) Commercial use authorizations shall be renewed for the same term as the applicant's expiring commercial use authorization unless the applicant requests a different term length in its application. If the applicant's requested term is longer than the term of the applicant's expiring commercial use authorization, the applicant must meet one or more of the criteria in Rule 0400-02-13-.02(5)(b) and demonstrate how the applicant's business or market in which the business operates has changed in a way that necessitates a longer term since the last time the applicant submitted an application to the Commissioner.

Notes

Tenn. Comp. R. & Regs. 0400-02-13-.08

Emergency rules filed June 29, 2021; effective through December 26, 2021. New rules filed September 21, 2021; effective 12/20/2021.

Authority: T.C.A. §§ 4-5-201, et seq., and 11-1-101.