Tenn. Comp. R. & Regs. 1370-01-.07 - APPLICATION REVIEW, APPROVAL, AND DENIAL FOR LICENSES, PROVISIONAL LICENSES, AND REGISTRATIONS

(1) Applications will be accepted throughout the year and processed in the Board's Administrative Office.

(2) Completed applications received in the Board's Administrative Office shall be submitted to a member of the Board or a Board designee for review. If the completed application was received before the thirtieth (30th) day of the month preceding the next Board meeting, an initial determination shall be made prior to the next Board meeting.

(3) Issuance decisions pursuant to this rule may be preliminarily made upon review by any Board member or a Board designee.

(4) The initial determination shall be presented to the full Board for review. The license, provisional license, or registration will not be issued until such time as the full Board ratifies the initial determination.

(5) If an application is incomplete when received in the Board's Administrative Office, or the reviewing Board member determines additional information is required from an applicant before an initial determination can be made, the applicant shall be notified and the necessary information requested by the Administrative Office. The applicant shall cause the requested information to be received in the Board's Administrative Office on or before the sixtieth (60th) day after receipt of the notification.

(a) If the requested information is not received within the sixty (60) day period, the application file shall be closed and the applicant notified that the Board will not consider licensure, provisional licensure, or registration until a new application is received pursuant to the rules governing that process, including another payment of all applicable fees.

(b) Once a file has been closed, no further Board action will take place until a new application is submitted. Failure to complete all forms, provide requested information, submit all fees, take or retake required examinations within the specified time frame will be just cause for the application file to be closed. This action may be made by the Board's Unit Director.

(6) If a completed application file has been initially denied by the reviewing Board member and ratified as such by the Board, the action will become final and the following shall occur:

(a) A notification of the denial shall be sent to the applicant by the Board's Administrative Office by certified mail, return receipt requested. Specific reasons for the denial will be stated, such as incomplete information, unofficial records, failure of examination, and other matters judged insufficient for licensure, and such notification shall contain all the specific statutory and 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. §§ 4-5-201, 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.

(7) If the Board finds that it has erred in the issuance of a license, provisional license, or registration, the Board will give written notice by certified mail, return receipt requested, of intent to revoke the license, provisional license, or registration. The notice will allow the applicant the opportunity to meet the requirements of licensure within thirty (30) days from the date of receipt of the notification. If the applicant does not concur with the stated reason and the intent to revoke the license, the applicant shall have the right to proceed according to Rule 1370-01-.07(6)(b).

Notes

Tenn. Comp. R. & Regs. 1370-01-.07

Original rule filed March 11, 1991; effective April 25, 1991. Repeal and new rule filed January 31, 2000; effective April 15, 2000. Amendment filed January 31, 2003; effective April 16, 2003. Amendment filed August 3, 2005; effective October 17, 2005. Amendments filed June 8, 2022; effective 9/6/2022.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-142, 63-17-105, 63-17-110 through 63-17-114(6), 63-17115, and 63-17-117.