Tenn. Comp. R. & Regs. 0480-01-.07 - APPLICATION REVIEW, APPROVAL, DENIAL, INTERVIEWS

(1) An application shall be accompanied by a check or money order for the application fee, as provided in Rule 0480-01-.06. This fee is non-refundable and subject to the application completion time frame pursuant to this rule.

(2) Applications for licensure will be accepted throughout the year and files which are completed on or before the 30th day prior to the meeting will ordinarily be processed at the next Board meeting scheduled for the purpose of reviewing files.

(3) Initial review of all applications to make a licensure decision may be delegated to any Board member, the Board's consultant, or the Board's administrator or unit director. In no event may a final licensure decision be made without prior review by the Board.

(4) If an application is incomplete when received in the Board's administrative office, a deficiency letter will be sent to the applicant by certified mail notifying him of the deficiency. The requested information must be received in the Board's administrative office on or before the 30th day after the applicant's receipt of the notification.

(a) Such notification shall be sent certified mail return receipt requested from the Board's administrative office.

(b) If the requested information is not received within the 30 day period, the application file shall be closed and the applicant notified. No further Board action will take place until a new application is received pursuant to the rules governing the application process, including another payment of all fees.

(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 was 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. 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, an appeal may be requested. Such request must be made in writing to the Board within 30 days of the receipt of the notice from the Board.

(6) The Board may at its discretion delay a decision on eligibility to take the written and/or oral examination(s) 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 shall be made within 60 days from the date of the official review of the application by the Board.

(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 annul the license. The notice will allow the applicant the opportunity to meet the requirements of licensure within 30 days from date of receipt of the notification. If the applicant does not concur with the stated reason and the intent to annul the license, the applicant shall have the right to proceed according to Rule 0480-01-.07(5)(c)(d).

(8) Whenever requirements for licensure by examination are not completed within six months from the date of the initial review of application and credentials, written notification will be mailed to the applicant and the application file will be closed. An applicant whose file has been closed shall subsequently be considered for licensure only upon the filing of a new application and payment of all appropriate fees.

(9) Abandonment of Application

(a) An application shall be deemed abandoned and closed if:

1. The application has not been completed by the applicant within six months after it was initially reviewed by the Board; and

2. The applicant fails to apply and/or register for applicable examinations within six (6) months after being notified of eligibility.

(b) The Board's unit director may close an application that has been deemed abandoned. Written notification will be mailed to the Applicant to notify that the file has been closed.

(c) An application submitted subsequent to the abandonment of a prior application shall be treated as a new application.

(10) If an applicant requests an application for licensure and after Board review wishes to change that application to a different type of application, a new application with supporting documents and an additional application fee must be submitted, i.e., application based upon apprenticeship to one based upon formal education.

Notes

Tenn. Comp. R. & Regs. 0480-01-.07

Original rule filed August 2, 1995; effective October 16, 1995. Amendment filed November 30, 1998; effective February 13, 1999. Amendment filed March 27, 2009; effective June 10, 2009. Amendments filed June 15, 2022; effective 9/13/2022.

Authority: T.C.A. §§ 63-14-101, 63-14-103, and 63-14-107.