Tenn. Comp. R. & Regs. 1200-08-34-.03 - DISCIPLINARY PROCEDURES

(1) The Board may suspend or revoke a license for:
(a) Violation of federal or state statutes;
(b) Violation of the rules as set forth in this chapter;
(c) Permitting, aiding or abetting the commission of any illegal act in the agency or the consumer's home; or
(d) Conduct or practice found by the Board to be detrimental to the health, safety, or welfare of the consumers of the agency.
(2) The Board may consider all factors which it deems relevant, including but not limited to the following when determining sanctions:
(a) The degree of sanctions necessary to ensure immediate and continued compliance;
(b) The character and degree of impact of the violation on the health, safety and welfare of the consumer of the agency;
(c) The conduct of the agency in taking all feasible steps or procedures necessary or appropriate to comply or correct the violation; and
(d) Any prior violations by the agency of statutes, rules or orders of the Board.
(3) Inappropriate transfers are prohibited and violation of the transfer provisions shall be deemed sufficient grounds to suspend or revoke an agency's license.
(4) When an agency is found by the Department to have committed a violation of this chapter, the Department will issue to the agency a statement of deficiencies. Within ten (10) days of receipt of the statement of deficiencies the agency must return a plan of correction indicating the following:
(a) How the deficiency will be corrected;
(b) The date upon which each deficiency will be corrected;
(c) What measures or systemic changes will be put in place to ensure that the deficient practice does not recur; and
(d) How the corrective action will be monitored to ensure that the deficient practice does not recur.
(5) Either failure to submit a plan of correction in a timely manner or a finding by the department that the plan of correction is unacceptable shall subject the agency's license to possible disciplinary action.
(6) Any licensee or applicant for a license, aggrieved by a decision or action of the department or Board, pursuant to this chapter, may request a hearing before the Board. The proceedings and judicial review of the Board's decision shall be in accordance with the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-101, et seq.
(7) Reconsideration and Stays. The Board authorizes the member who chaired the Board for a contested case to be the agency member to make the decisions authorized pursuant to rule 1360-04-01-.18 regarding petitions for reconsiderations and stays in that case.


Tenn. Comp. R. & Regs. 1200-08-34-.03
Original rule filed January 24, 2003; effective April 9, 2003. Amendment filed March 1, 2007; effective May 15, 2007.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-219, 4-5-312, 4-5-316, 4-5-317, 68-11-202, 68-11-204, and 68-11-206 through 68-11-209.

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