Tenn. Comp. R. & Regs. 0780-05-11-.02 - FEE WAIVER FOR LOW INCOME PERSONS

(1) This rule is applicable to any state board, agency, or commission attached to the division of regulatory boards, as listed in T.C.A. § 4-3-1304(a). This rule shall be effective ninety (90) days from filing with the office of the Secretary of State.

(2) As used in this rule, unless context otherwise requires:

(a) The terms "licensing," "licensing authority," "licensure fee," "low-income persons," and "state agency" shall have the same meanings as set out in T.C.A. § 62-76-105.

(b) "Assistance agency" means any state or federal agency empowered to administer a state or federal public assistance program that forms the basis for a request for a waiver under this rule and T.C.A. § 62-76-105.

(c) "Commissioner" means the Commissioner of the Tennessee Department of Commerce and Insurance or the Commissioner's designee.

(d) "Department" means the Tennessee Department of Commerce and Insurance.

(e) "Qualifying program" means temporary assistance for needy families (TANF), Medicaid, supplemental nutrition assistance program (SNAP), or any other similar state or federal public assistance program determined by the Commissioner to be issued based on substantially similar income guidelines as one or more of those programs.

(3) A request for a waiver of an initial licensure fee pursuant to T.C.A. § 62-76-105 shall be made in writing on a form prescribed by the Commissioner at the time of the initial application. The waiver request shall include:

(a) The full name, address, and phone number of the applicant requesting the waiver;

(b) The most recent document issued by the applicable assistance agency showing that the applicant requesting the waiver is enrolled in a qualifying program at the time that the waiver request is submitted to the Department. The Commissioner may request additional documentation to reasonably determine the applicant's eligibility for the waiver;

(c) A statement that the applicant acknowledges that the Department may contact any assistance agency to verify the applicant's enrollment in a qualifying program and that the Department is authorized to do so;

(d) A certification, under penalty of perjury, that the information contained in the request for the fee waiver is true and accurate to the best of the applicant's knowledge. This certification shall not be required to be notarized;

(e) If the basis for the fee waiver request is any program other than temporary assistance for needy families (TANF), Medicaid, or supplemental nutrition assistance program (SNAP), a written explanation of the nature of the program that the applicant claims entitles them to a waiver of fees under these rules, a copy of the income guidelines for enrollment in the program issued by the assistance agency, and any other documentation that the applicant wishes to provide regarding the program having substantially similar income guidelines as one or more of TANF, Medicaid, or SNAP. A determination as to whether or not a program constitutes a substantially similar qualifying program shall be in the sole discretion of the Commissioner; and

(f) Such other information as the Commissioner may reasonably request.

(4) The initial licensure fee for a business entity (including, but not necessarily limited to, a Limited Liability Company, Limited Liability Partnership, or Corporation) or for a general partnership shall be waived if the person that is requesting and is entitled to the fee waiver under this rule owns the majority (more than half) of the business entity or general partnership. The ownership interest of two (2) or more persons may be combined to meet this threshold so long as the applicants comprising the majority ownership provide sufficient documentation for a fee waiver under this rule.

Notes

Tenn. Comp. R. & Regs. 0780-05-11-.02

Original rule filed August 5, 2019; effective 11/3/2019.

Authority: T.C.A. §§ 56-1-302(a)(5) and 62-76-105.