Tenn. Comp. R. & Regs. 0480-01-.19 - BOARD MEETINGS, OFFICERS, CONSULTANTS, DECLARATORY ORDERS, AND SCREENING PANELS
(1) Purpose of
Board - The Board is charged by law with the responsibility for governing the
profession of dispensing opticianry. This includes testing the applicants,
granting approval for licensure, and revoking, suspending, and renewing
licenses.
(2) The Board shall elect
every second year from its membership a chairperson and a secretary who shall
hold office for two years or until the election and qualification of a
successor.
(a) Chairperson - presides at all
Board meetings.
(b) Secretary - who
along with the Board administrator shall be responsible for correspondence from
the board.
(3) Board
meetings
(a) The time, place, and frequency of
all Board meetings shall be decided by a majority of the Board, except at least
one meeting shall be held annually.
(b) A majority of the members of the Board
shall at all times constitute a quorum.
(c) All meetings of the Board shall be open
to the public. Notice of meetings shall conform to all applicable sunshine
laws.
(4) Board Conflict
of Interest - Any board member having an immediate personal, private, or
financial interest in any matter pending before the Board shall disclose the
fact in writing and shall not vote upon such matter.
(5) The Board has the authority to select a
Board consultant who shall serve as a consultant to the Division and who is
vested with the authority to do the following acts:
(a) Recommend whether and what type of
disciplinary actions should be instituted as the result of complaints received
or investigations conducted by the Division.
(b) Recommend whether and what terms a
complaint, case, or disciplinary action might be settled. Any matter proposed
for settlement must be subsequently ratified by the full Board before it will
become effective.
(c) Undertake any
other matter authorized by a majority vote of the Board.
(6) Records and Complaints
(a) All requests, applications, notices,
other communications, and correspondence shall be directed to the Board's
administrator who shall forward to the board chairman. Any requests or
inquiries requiring a Board decision or official Board action except documents
relating to disciplinary actions or hearing requests must be received 14 days
prior to a scheduled Board meeting and will be retained in the administrative
office and presented to the Board at the Board meeting. Such documentation not
timely received shall be set over to the next Board meeting.
(b) All records of the Board, except those
made confidential by law, are open for inspection and examination, under the
supervision of an employee of the Division at the Board's administrative
office.
(c) Copies of public
records shall be provided to any person upon payment of the cost of
copying.
(d) Complaints made
against a practitioner become public information only upon the filing of a
notice of charges by the Department of Health.
(e) All complaints should be directed to the
Investigations Section of Health Related Boards.
(7) Declaratory Orders - The Board adopts, as
if fully set out herein, rule 1200-10-1-.11, of the Division of Health Related
Boards and as it may from time to time be amended, as its rule governing the
declaratory order process. All declaratory order petitions involving statutes,
rules or orders within the jurisdiction of the Board shall be addressed by the
Board pursuant to that rule and not by the Division. Declaratory Order Petition
forms can be obtained from the Board's administrative office.
(8) Screening Panels - The Board adopts, as
if fully set out herein, Rule 1200-10-1-.13, of the Division of Health Related
Boards and as it may from time to time be amended, as its rule governing the
screening panel process.
(9) The
Board authorizes the member who chaired the Board for a contested case to be
the agency member to make the decisions authorized pursuant to rule
1360-04-01-.18 regarding petitions for reconsiderations and stays in that
case.
Notes
Authority: T.C.A. ยงยง 4-5-202, 4-5-204, 4-5-223, 4-5-224, 4-5-225, 63-1-138, and 63-14-101, 63-14-104, 63-14-111.
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