Review and decisions on applications shall be governed by the
(1) Upon receipt of an
incomplete application, the Board Administrative Office shall notify the
applicant of the information required. The applicant shall submit the requested
information to the Board Administrative Office on or before the forty-fifth
(45th) day after the notification is sent. lf the requested information is not
received by the Board Administrator within the forty-five (45) days, the
application file shall be closed and the applicant notified that the Board will
not take further action regarding the application. ln order to resume the
application process, a new application must be received, including another
payment of all fees.
applications received in the Board Administrative Office may be submitted to a
Board member or a Board designee for review. An initial determination to allow
practice to commence may be made prior to the next Board meeting after the
application is received. Each member of the Board and the Board's designee is
vested with the authority to make these initial determinations.
lf the full Board denies licensure, the
action shall become final and the following shall occur:
(a) Notification of the denial shall be sent
by the Board Administrative Office by certified mail, return receipt requested,
containing all the specific statutory or rule authorities for the
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,
1. An applicant has a right
to a contested case hearing only if the licensure denial was based on
subjective or discretionary criteria.
2. An applicant may be granted a contested
case hearing if licensure denial is based on objective, clearly defined
criteria and denial is based on a genuine issue of fact and/or law.
(4) Applicants may be
required to present themselves to the Board for oral examination.
(5) Approval of an application may be
withheld or restricted for violation of the provisions of T.C.A. §
63-16-108 and any rules
promulgated pursuant thereto or failure to fully comply with all application
Tenn. Comp. R. & Regs.
Original rule certified
June 7, 1974. Amendment filed April 28, 1983; effective May 31, 1983. Amendment
filed October 22, 1987; effective December 6, 1987. Amendment filed May 9,
1991; effective June 22, 1991. Repeal and new rule filed December 17, 1991;
effective January 31, 1992. Repeal and new rule filed December 14, 1999;
effective February 27, 2000. Amendment filed September 4, 2003; effective
November 18, 2003.
Authority: T.C.A. §§
4-5-202, 4-5-204, 63-1-142,
63-16-103, 63-16-103(1) through 63-16-103(8), 63-16-104, 63-16-105,
63-16-106(a), 63-16-107(c), 63-16-107(d), 63-16-108, and 63-16-109.