Tenn. Comp. R. & Regs. 0880-13-.07 - APPLICATION REVIEW, APPROVAL, AND DENIAL

(1) Review of all applications to determine whether or not the application file is complete may be delegated to the Board's administrator.

(2) A temporary authorization to practice, as described in T.C.A. § 63-1-142 may be issued to an applicant pursuant to an initial determination made by a Board designee who has both reviewed the completed application and determined that the applicant has met all the requirements for licensure, renewal or reinstatement. The temporary authorization to practice is valid for a period of six (6) months from the date of issuance of the temporary authorization to practice and may not be extended or renewed. If the Board subsequently makes a good faith determination that the applicant has not met all the requirements for licensure, renewal or reinstatement and therefore denies, limits, conditions or restricts licensure, renewal or reinstatement, the applicant may not invoke the doctrine of estoppel in a legal action brought against the state based upon the issuance of the temporary authorization to practice and the subsequent denial, limitation, conditioning or restricting of licensure.

(3) If an application is incomplete when received by the Board's administrative office, or the reviewing Board member or designee determine additional information is required from an applicant before an initial determination can be made, the Board administrator shall notify the applicant of the information required. The applicant shall cause the requested information to be received in the Board's administrative office on or before the sixtieth (60th) day after receipt of the notification.

(a) Such notifications shall be sent certified mail, return receipt requested, from the Board's administrative office.

(b) If requested information is not timely received, the application file may be considered abandoned and may be closed by the administrator. If that occurs, the applicant shall be notified that the Board 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 Board.

(4) If a reviewing Board member or designee initially determines that a completed application should be denied, limited, conditioned or restricted, a temporary authorization shall not be issued. The applicant shall be informed of the initial decision and that a final determination on the application will be made by the Board at its next appropriate meeting. If the Board ratifies the initial denial, limitation, condition or restriction, the action shall become final and the following shall occur:

(a) A notification of the denial, limitation, condition or restriction shall be sent by the Board's administrative office by certified mail, return receipt requested, that contains the specific reasons for denial, limitation, condition or restriction, 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.

(b) 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. §§ 4-5-301, et seq.) 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 licensure denial, limitation, condition or restriction is based on subjective or discretionary criteria.

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 Board'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 Board's administrative office within thirty (30) days of the receipt of the notice of denial, limitation, condition or restriction from the Board.

(5) The initial determination procedures of this rule will not apply if the Board reviews and makes a final determination on any application during its meetings.

(6) If the Board finds it has issued a license to any person who did not meet all the necessary prerequisites for that license, it will give written notice by certified mail of its intent to cancel the license. The notice will inform the person that they are not lawfully allowed to continue in practice and shall allow the applicant the opportunity to meet the requirements for licensure within thirty (30) days from the date of receipt of the notification and return to practice without having to file a new application. The provisions of sub paragraph (4)(b)of this rule shall be applied to the prerequisite(s) that was not met in order to determine whether the person is entitled to contest the cancellation.

Notes

Tenn. Comp. R. & Regs. 0880-13-.07

Original rule filed July 1, 2008; effective September 14, 2008.

Authority: T.C.A. §§ 63-6-101, 63-6-806, and 63-6-807.