Tenn. Comp. R. & Regs. 0780-05-11-.03 - MILITARY TRAINING EQUIVALENT CREDIT FOR OCCUPATIONAL LICENSURE

(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). As used in this rule:

(a) The terms "honorably discharged veteran," "licensing authority," and "member of the armed forces," shall have the same meaning as set out in T.C.A. § 62-76-106.

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

(2) A request for equivalent credit towards requirements for licensure based upon training received while serving in the armed forces pursuant to T.C.A. § 62-76-106 shall be made in writing on a form prescribed by the Commissioner at the time of the initial application. The request shall include:

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

(b) A certificate as evidence of training from the United States Department of Defense or United States Department of Veterans Affairs which states the course name of training conducted and length of or credit given for such training. An acceptable certificate of training includes but is not necessarily limited to any certificate accepted by the United States Department of Veterans Affairs to establish military service found at https://www.cem.va.gov/hmm/discharge_documents.asp. A licensing authority may request additional documentation or information to reasonably determine the applicant's eligibility for the equivalent credit;

(c) A statement that the applicant acknowledges that the Department may contact any agency to verify the applicant's military service and training certificate;

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

(e) Such other information as the licensing agency may reasonably request.

(3) Upon receipt of a certificate of training, a licensing authority must determine whether such training is sufficient for equivalency, and the amount of credit to be awarded to the applicant, utilizing the following factors:

(a) Whether the applicant qualifies as a member of the armed forces or who is an honorably discharged veteran.

(b) Whether the training was conducted while the applicant was a member of the armed forces.

(c) Whether the certificate or documents submitted indicate the training provided equivalent hours or measure of time equivalent to the licensing authority's requirement for licensure.

(d) Whether the certificate or documents submitted indicate the training provided equivalent outcomes or objectives for licensure.

(e) Any other factor which the licensing authority determines is required to establish an equivalency between the training and licensure requirement.

(4) Upon determining if some or all the training is equivalent and how much credit will be awarded to the applicant, the licensing authority shall notify the applicant of its determination.

(5) Any appeal pursuant to T.C.A. § 62-76-106 by a person aggrieved by a decision of a licensing authority concerning the eligibility or whether the training meets the requirements for licensure must submit notice of the appeal to the licensing authority in the same manner as the initial licensure documents and in the form prescribed pursuant to Tenn. Comp. R. & Regs. 1360-04-01-.07. Review of the appeal will be conducted by the Commissioner or Commissioner's designee and must be conducted in the same manner as provided in T.C.A. § 4-5-322. Pursuant to T.C.A. § 4-5-322(b)(1)(A)(iv), requests for appeal shall be filed within sixty (60) days after the entry of the licensing determination under paragraph (5) of this rule.

Notes

Tenn. Comp. R. & Regs. 0780-05-11-.03

New rule filed July 26, 2022; effective 10/24/2022.

Authority: T.C.A. § 62-76-106.