Tenn. Comp. R. & Regs. 1240-04-05-.02 - DEFINITIONS
(1) Applicant-The person or entity seeking an
initial annual license or renewal of an annual license from the Department of
Human Services.
(2) Application-The
form for, and the process of, applying for a license from the Department of
Human Services.
(3) Application for
Renewal-Application for a new license during the existence of a currently valid
license.
(4) Child care agency-The
person or entity providing child care as defined by the licensing law in T.C.A.
§§
71-3-501 et seq.
and the rules of the Department of Human Services.
(5) Child Care Agency Board of Review, Board
of Review or Board-The entity established by T.C.A. §§
71-3-510
and
37-5-515
to hear the appeals of the denial, revocation, or the restriction or
limitation, other than summary suspensions, of licenses for child care agencies
issued by the Departments of Children's Services and Human Services, and which
adjudicates civil penalties imposed by the Department of Human Services against
a child care agency under its jurisdiction.
(6) Civil Penalty-A financial sanction
imposed by the Department against a child care agency that has violated a
licensing regulation.
(7)
Commissioner-Executive head of the Tennessee Department of Human
Services.
(8) Denial-The decision
of the Department not to issue or renew a license.
(9) Department-The Tennessee Department of
Human Services.
(10) Hearing
Official-The administrative law judge or hearing officer assigned to conduct
summary suspension hearings or for Child Care Agency Board of Review hearings
as may be permitted by law.
(11)
Law-The statutory or regulatory provisions affecting the operation of a child
care agency.
(12) License-A permit
issued by the Department to a child care agency, authorizing the licensee to
provide child care in accordance with provisions of the license, the law, and
the regulations of the Department of Human Services. Issuance of a license is
not an endorsement of child care methods or of an agency's operational
philosophy.
(13) Licensee-The
person, agency, group, or entity to whom or to which a license to operate a
child care agency is issued by the Department of Human Services.
(14) Reapplication-Application for a new
license following denial or revocation of a license.
(15) Restricted license-A license which,
either at the time of issuance, or during the license's existence, is reduced
in its operational authority by the Department so that the child care agency's
ability to provide certain child care related services are limited because the
Department has determined that one or more areas of the agency's operations are
not in compliance with child care laws or regulations or the agency's
operations are, or have posed, a risk to the health, safety or welfare of
children in the agency's care or the agency's operations pose the potential of
such risk. A restricted license may also be imposed by the Child Care Agency
Board of Review as part of its review of the licensing status of a child care
agency in the same manner and for the same reasons as such a license is issued
or imposed by the Department. A restricted license may be appealed to the Child
Care Agency Board of Review.
(16)
Revocation-The permanent removal of an existing license.
(17) Summary Suspension-The emergency
suspension of a license for violation(s) of licensing laws or regulations
needed to adequately protect the health, safety, or welfare of children in a
child care agency. Summary suspension may be ordered in circumstances that have
resulted in death, injury or harm to a child or that have posed or threatened
to pose a serious and immediate threat of harm or injury to a child based upon
the intentional or negligent failure to comply with licensing laws or
regulations.
(18) Temporary
license:
(a) A permit issued by the Department
to a new child care agency allowing and authorizing the temporary licensee to
begin child care operations while the agency attempts to attain full compliance
with all other applicable regulations.
(b) The temporary license is valid, unless
suspended, for one hundred twenty (120) days or until the application for an
annual license is finally determined, and is issued upon application or
reapplication by the applicant only if the staff and facility do not present
any apparent hazards to the children that may be in care and only if the
facility has received fire safety and environmental sanitation approval and if
the applicant and the personnel who will care for the children are capable in
all substantial respects to care for the children and that the applicant has
the ability and intent to comply with the licensing laws and
regulations.
(c) If, at the end of
the one hundred twenty (120) day period, evidence is provided by the applicant
that such child care agency is suitable and properly managed and that the
agency is in compliance with the rules governing the applicable class of child
care agency, the Department will issue an annual license to the child care
agency unless the Department determines that a restricted license should be
issued.
Notes
Authority: T.C.A. §§ 4-5-201, et seq.; 71-1-105; 71-3-501, et seq.; 71-3-509(e); and Acts 2000, ch. 981, §§ 1-3, 10, and 14.
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