Tenn. Comp. R. & Regs. 1200-30-01-.07 - APPLICATION REVIEW, APPROVAL, DENIAL, INTERVIEW

(1) Initial review of each application to determine whether or not the application file is complete may be delegated to the Board's administrator, provided that final approval of the application is ratified by the Board. In no event may an application be finally approved or denied without ratification by the Board.
(2) If an application is incomplete when received by the Board or the reviewing member determines additional information is required from an applicant before an initial determination can be made, the Board shall notify the applicant of the information required. The applicant shall cause the requested information to be received by the Board on or before the sixtieth (60th) day after receipt of the notification.
(a) Such notification shall be sent by certified mail return receipt requested.
(b) If the requested information is not timely received, the application shall be closed and the applicant notified. No further action shall take place until a new application is received pursuant to the rules governing the licensure process, including another payment of all fees.
(3) If a completed application is initially denied by the reviewing Board member, the applicant shall be informed of the initial decision and that a determination shall be made by the Board at its next meeting. If the Board confirms the initial denial, the following shall occur:
(a) A notification of the denial shall be sent to the applicant by certified mail return receipt requested. Specific reasons for denial will be stated, such as incomplete information, unofficial records, examination failure or other matters rendering the application insufficient for licensure and such notification shall contain all the specific statutory or rule authorities for the denial.
(b) The notification, when appropriate, shall contain a statement which sets forth the applicant's right to request a hearing pursuant to the Tennessee Administrative Procedures Act (T.C.A. §§ 4-5-301, et seq.) to contest the denial and the procedure necessary to perfect the appeal.
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 an objective, clearly defined criteria only if, after review and attempted resolution by the Board, the licensure application cannot be approved and the reasons for continued denial present a genuine issue of fact and/or law which is appropriate for appeal.
3. Any appeal request must be made in writing to the Board within thirty (30) days of the receipt of the notice of denial.
(4) After review of the application, an applicant may be asked to appear before the Board for an interview.
(5) The initial determination procedures of this rule will not apply if the full Board reviews and makes final determination on the application during its meeting.
(6) The Board may delay a decision on eligibility to take the written examination for any applicant for whom additional clarifying information is needed. The Board shall make this request for additional information in writing within sixty (60) days from the date of the official review of the application.
(7) If the Board finds it has erred in the issuance of a license, it will give written notice by certified mail of the intent to revoke 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. If the applicant does not concur with the stated reason(s) and the intent to revoke the license, the applicant shall have the right to a contested case hearing as provided by these rules.
(8) Abandonment of Application.
(a) An application shall be deemed abandoned and the file closed if:
1. The application has not been completed by the applicant within one hundred and twenty (120) days after it was initially reviewed and received by the Board; or
2. The applicant fails to pass the written examination within twelve (12) months after being notified of eligibility.
(b) An application submitted subsequent to the abandonment of a prior application shall be treated as a new application.
(9) Request to re-open application - When an application has been closed pursuant to Paragraph (8) of this rule, the Board may consider re-opening the application upon receipt of a written request and appropriate notarized documentation from the applicant stating the extenuating circumstances and/or the medical condition that caused the Board's deadline to not be met. If applicable, a letter must accompany such request from the applicant's personal physician attesting to the medical condition that caused the Board's deadline to not be met.

Notes

Tenn. Comp. R. & Regs. 1200-30-01-.07
Original rule filed May 25, 1994; effective August 9, 1994. Repeal and new rule filed January 30, 1997; effective May 30, 1997. Repeal and new rule filed December 28, 1999; effective March 12, 2000. Amendment filed July 31, 2000; effective October 14, 2000. Amendment filed November 26, 2008; effective February 9, 2009. Amendments filed February 6, 2017; effective 5/7/2017.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 68-24-602, 68-24-603, and 68-24-605.

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