Tenn. Comp. R. & Regs. 1150-02-.07 - APPLICATION REVIEW, APPROVAL AND DENIAL

(1) An application packet shall be requested from the Board's administrative office.

(2) Applications for licensure will be accepted throughout the year and completed files will be ordinarily processed at the next Board meeting scheduled for the purpose of reviewing files.

(3) Initial review of all applications to determine whether or not the application file is complete may be delegated to the Board's administrator, provided that final approval of all applications is made and ratified by the Board. In no event may an application be approved or denied without prior review by a member of the Board.

(4) If an application is incomplete when received in the Board's administrative office, a deficiency letter will be sent to the applicant, within 10 working days, notifying him of the deficiency.

(5) If a completed application has been denied and ratified as such by the board, the action shall become final and the following shall occur.

(a) A notification of the denial shall be sent by the board's administrative office by certified mail return receipt requested. Specific reasons for denial will be stated, such as incomplete information, unofficial records, examination failure or other matters judged insufficient for certification and such notification shall contain all the specific statutory or rule authorities for the denial.

(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 and the procedure necessary to accomplish that action.

(c) An applicant has a right to a contested case hearing only if the licensure denial was based on subjective or discretionary criteria.

(d) An applicant may be granted a contested case hearing if licensure denial is based on 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 present a genuine issue of fact and/or law which is appropriate for appeal. Such request must be made in writing within thirty (30) days of the receipt of the notice of denial.

(6) If the Board finds it has erred in the issuance of a license, the Board will give written notice by certified mail of its intent to annul the license. The notice will allow the applicant the opportunity to meet the requirements of licensure within thirty (30) days from date of receipt of the notification.

(7) Whenever requirements for licensure are not completed within twelve (12) months from the date of the initial review of application and credentials, written notification will be mailed to the applicant and the application file will be closed. An applicant whose file has been closed shall subsequently be considered for licensure only upon the filing of a new application and payment of all appropriate fees.

(8) Abandonment of Application

(a) An application shall be deemed abandoned and closed if

1. The application has not been completed by the applicant within 12 months after it was initially reviewed by the board; or

2. The applicant fails to sit for the written exam within 12 months after being notified of eligibility.

(b) Whenever the applicant fails to complete the application process as stated in (1) or (2) above, written notification will be mailed to the applicant notifying him that the file has been closed. The determination of abandonment must be ratified by the Board.

(c) An application submitted subsequent to the abandonment of a prior application shall be treated as a new application.

(9) If an applicant requests an entrance for licensure and, after Board review, wishes to change that application to a different type of entrance, a new application with supporting documents and an additional application fee must be submitted, i.e., reciprocity to examination.

Notes

Tenn. Comp. R. & Regs. 1150-02-.07

Original rule filed March 15, 1996; effective May 29, 1996. Amendment filed October 11, 2005; effective December 25, 2005.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-13-104, 63-13-108, 63-13-202, 63-13-203, 63-13-204, 63-13-207, 63-13-209, and 63-13-210.