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
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
(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
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:
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
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. §§
) to contest the denial and the procedure necessary to perfect
1. An applicant has a right to a
contested case hearing only if the licensure denial was based on subjective or
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.
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.
Abandonment of Application.
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
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.
Tenn. Comp. R. &
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
Authority: T.C.A. §§
68-24-603, and 68-24-605.