application packet shall be requested from the committee's administrative
(2) Review of all
applications to determine whether or not the application file is complete may
be delegated to the Committee's Administrator.
If an application is incomplete when
received by the Committee's Administrative Office, or the reviewing Committee
member or the Committee consultant determine additional information is required
from an applicant before an initial determination can be made, the Committee's
Administrative Office shall notify the applicant of the information required.
(a) The applicant shall cause the requested
information to be received by the Committee's administrative office on or
before the ninetieth (90th) day after the initial
letter notifying the applicant of the required information is sent.
(b) If requested information is not timely
received, the application file may be considered abandoned and may be closed by
the Committee's administrator. If that occurs, the applicant shall be notified
that the Committee will not consider issuance of a license until a new
application is received pursuant to the rules governing that process, including
another payment of all fees applicable to the applicant's circumstances and
submission of such new supporting documents as is required by the Committee or
the Committee's consultant.
If a license is denied, limited,
conditioned or restricted by the Committee and subsequently by the Board, the
denial, limitation, condition or restriction shall become final and the
following shall occur:
(a) A notification of
the denial, limitation, condition or restriction shall be sent by the
Committee's Administrative Office by certified mail, return receipt requested.
Specific reasons for denial, limitation, condition or restriction will be
stated, such as incomplete information, unofficial records, examination
failure, or matters judged insufficient for licensure, and such notification
shall contain all the specific statutory or rule authorities for the denial,
limitation, condition or restriction.
The notification, when appropriate, shall
also contain a statement of the applicant's right to request a contested case
hearing under the Tennessee Administrative Procedures Act (T.C.A. §§
to contest the denial, limitation, condition or restriction
and the procedure necessary to accomplish that action.
1. An applicant has a right to a contested
case hearing only if the adverse decision on an application was based upon
subjective or discretionary criteria and only if the request is in writing and
received on or before the thirtieth (30th) day after
receipt of the notice by the applicant.
2. An applicant may be granted a contested
case hearing if the licensure denial, limitation, condition or restriction is
based on an objective, clearly defined criteria only if after review and
attempted resolution by the Committee's Administrative Staff, the application
can not be approved and the reasons for continued denial, limitation, condition
or restriction present genuine issues of fact and/or law which are appropriate
for appeal. Requests for a hearing must be made in writing to the Committee
within 30 days of the receipt of the notice of denial, limitation, condition or
restriction from the Committee.
(5) If the Committee finds it has erred in
the issuance of a license, the Committee will give written notice by certified
mail of its intent to revoke the license. The notice will allow the applicant
the opportunity to meet the requirements for licensure within thirty (30) days
from the date of receipt of the notification. If the applicant does not concur
with the stated reason and the intent to revoke the license, the applicant
shall have the right to proceed according to rule 0880-10-.07(4)(b).
Tenn. Comp. R. & Regs.
Original Rule filed July
10, 1997; effective September 23, 1997. Amendment filed June 10, 1998;
effective October 28, 1998. Amendment filed September 11, 1998; effective
November 25, 1998. Amendment filed August 6, 2002; effective October 20, 2002.
Amendment filed August 28, 2002; effective November 11,
Authority: T.C.A. §§
4-5-301 et seq., 63-19-104,
63-19-111, 63-19-105, 63-19-201, 63-19-202, and 63-19-206.