Tenn. Comp. R. & Regs. 0260-02-.07 - APPLICATION REVIEW, APPROVAL, DENIAL, INTERVIEWS
(1) An
application packet shall be requested from the board's administrative
office.
(2) Review of all
applications to determine whether or not the application file is complete may
be delegated to the board's Unit Director, provided that approval of all
applications is made and ratified by the board.
(3) If an application is incomplete when
received in the board's administrative office, the applicant will be notified
of the deficiency. The requested information must be received in the board's
administrative office within (60) days of the request.
(4) If the requested information is not
received within (60) days of the request, the application file shall become
inactive and the applicant notified. No further board action will take place
until the application is completed pursuant to the rules governing the
application process.
(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 licensure, 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 is based on subjective or
discretionary criteria.
(d) 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's administrative staff, the licensure 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 to the board within 30 days of the receipt of the notice of denial from
the board.
(6) The board
or its designee may delay a decision on eligibility to take the examination for
any applicant for whom the board wishes additional information for the purpose
of clarifying information previously submitted. This request is to be in
writing and sent by certified mail, return receipt requested. The applicant's
response must be made and received at the Board's Administrative Office within
60 days from the date of receipt of the notice by the applicant or the
application will be closed.
(7) 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 revoke the license. The
notice will allow the applicant the opportunity to meet the requirements of
licensure within 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
0260-02-.07(5).
(8) Abandonment of
Application
(a) An application shall be
deemed abandoned and closed if the application has not been completed by the
applicant within 60 days after it was initially submitted and
reviewed.
(b) The above action 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 wishes to change that application to a different type of
entrance, a new application, with supporting documents and appropriate fee(s)
must be submitted, i.e., reciprocity to examination.
(10) Interviews
(a) Applicants, who by virtue of any criteria
for licensure in the areas of mental, physical, moral or educational
capabilities, as contained in the application and review process which
indicates derogatory information or a potential risk to the public health,
safety and welfare, may be required to present themselves to the Board for an
interview before final licensure may be granted. The interviews, which may be
required, are considered part of the licensure process.
(b) Applicants who have completed all
requirements and procedures for licensure and who are not impacted by
subparagraph (a) shall present themselves to a Board member for an interview
which shall include a discussion regarding the applicant's knowledge and
understanding of pertinent statutes, regulations and ethics codes. The
applicant shall schedule the interview to occur within sixty (60) days of
his/her receipt of the Board's written approval to commence.
Notes
Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-301, 63-4-102, 63-4-103, 63-4-106, 63-4-107, 63-4-108, 634-109, 63-4-110, 63-4-111, 63-4-112, 63-4-114, 63-4-115, and Public Chapter 618 of the Public Acts 2000.
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