Tenn. Comp. R. & Regs. 1240-04-05-.06 - REAPPLICATION PERIODS
(1) When an
application for a license has been denied, or a license has been revoked, on
one (1) occasion, the child care agency may not reapply for a license for a
period of one (1) year from the effective date of the denial or revocation
order if not appealed, or, if appealed, from the effective date of the Child
Care Agency Board of Review's or reviewing court's order.
(2) If application for a license has been
denied, or a license has been revoked, on two (2) occasions, the child care
agency may not reapply for a license for a period of two (2) years from the
effective date of the denial or revocation if not appealed or, if appealed,
from the effective date of the Child Care Agency Board of Review's or reviewing
court's order.
(3) If an
application for a license has been denied, or a license has been revoked on
three (3) occasions, the agency shall not receive another license for the care
of children.
(4) No person who
served as full or part owner or as director or as a member of the management of
a child care agency shall receive a license to operate a child care agency if
that person participated in such capacity in a child care agency which has been
denied a license, or which had a license revoked, on three (3)
occasions.
(5) Waivers
(a) The time restrictions in paragraphs (1)
and (2) may be waived by the Child Care Agency Board of Review in the hearing
in which the denial or revocation is sustained, or, if requested by the former
licensee in writing to the Commissioner, in a separate subsequent hearing
before the Child Care Agency Board of Review or, in the discretion of the
Commissioner, upon review by the Commissioner. No waiver may be granted for any
permanent restriction imposed pursuant to paragraph (3).
(b) The agency must show to the Child Care
Agency Board of Review's or the Commissioner's satisfaction, by a preponderance
of the evidence, that the agency has corrected the deficiencies which led to
the denial or revocation, and that the child care agency can demonstrate that
it has the present and future ability, and is willing, to maintain compliance
with licensing laws or regulations.
(c) The decision of the Child Care Agency
Board of Review or the Commissioner shall be reduced to an order, which shall
be a final order pursuant to Title 4, Chapter 5, Part 3 of the Tennessee Code
Annotated, and may be appealed pursuant to T.C.A. §
4-5-322.
(7) When, except for provisions relative to
the continuation of the license provided in Rule 1240-4-5-.03(11),
1240-4-5-.04(4)(e) or 1240-4-5-.05(3)(b), a license would have expired during
the time a case involving that license is being litigated before the Child Care
Agency Board of Review or a reviewing court, and the Child Care Agency Board of
Review or reviewing court does not uphold the Department's denial, revocation
or restriction of the license, the licensee must apply for a renewal of an
annual license within ten (10) business days of the entry of the Child Care
Agency Board's or reviewing Court's order.
(8) For purposes of this section, unless
otherwise specified in the order, the "effective date of the board's or court's
order" shall mean the date the order is entered by the Chair of the Child Care
Agency Board of Review or panel chair or vice-Chair of the Child Care Agency
Board of Review.
Notes
Authority: T.C.A. §§ 4-5-201 et seq.; 71-1-105; 71-3-501 et seq.; Acts 2000, ch. 981, §§ 10(g) and 14.
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