Tenn. Comp. R. & Regs. 0765-01-.09 - TEMPORARY LICENSES

(1) Pursuant to T.C.A. § 62-37-108(f), the Executive Director may grant an application for a home improvement license a temporary license pending a final decision of the Commission on the Application for a permanent license if:

(a) Applicant has properly filed for a permanent license and has paid the requisite license fee;

(b) Applicant has filed a bond or evidence of financial responsibility in accordance with T.C.A. § 62-37-108(j).

(c) Applicant submits a written request for a temporary license to the Executive Director; and

(d) Executive Director determines that granting the applicant a temporary license is in the public interest and that granting the applicant a temporary license does not pose a substantial risk of harm to owners for whom the applicant would do home improvement work.

(2) As soon as reasonably possible after receiving a written request for a temporary license, but not more than forty-five (45) days after receiving the request, the Executive Director shall inform the applicant in writing whether the Executive Director has denied or granted the applicant a temporary license. If the Executive Director grants an applicant a temporary license, the writing to the applicant shall state that the temporary license terminates automatically when the Commission decides to issue or deny the applicant a permanent license and that the Executive Director can terminate the temporary license at any time before final action on the application for a permanent license. Notwithstanding the above, a temporary license shall automatically expire after sixty (60) days from the effective date, and may not be renewed. If an additional application for a temporary license is filed within thirty (30) days after expiration of a previously issued temporary license, then the fee shall be twenty-five dollars ($25.00).

(3) When the Executive Director issues a temporary license to an applicant, the Executive Director shall issue the applicant a license which is specially marked as temporary. This temporary license may be in the form of a letter from the Executive Director. The Executive Director shall state in this letter the effective date of the temporary license.

(4) A temporary license shall automatically expire if the Commission issues a Final Order denying the applicant's request for a permanent license.

(5) The Executive Director or the Commission may terminate a temporary license at any time for any reason which is not arbitrary or capricious. When the Executive Director or the Commission terminates a temporary license, it shall take effect upon receipt by the applicant of the notice of termination, or 10 days after the mailing of the notice of termination, or whichever comes first.

Notes

Tenn. Comp. R. & Regs. 0765-01-.09

Original rule filed November 30, 1989; effective January 14, 1990. Amendment filed December 12, 1994; effective April 30, 1995.

Authority: T.C.A. §§ 62-37-108(c), 62-37-108(d) and 62-37-115(4).