Tenn. Comp. R. & Regs. 1370-02-.07 - APPLICATION REVIEW, APPROVAL, DENIAL AND INTERVIEWS

(1) Application for licensure will be accepted throughout the year and processed in the Council's Administrative Office.

(2) Review of all applications to determine whether or not the application file is complete may be delegated to the Council's Unit Director, provided that approval of all applications is made and ratified by the Council and Board.

(3) A temporary authorization to practice may be issued to an applicant pursuant to T.C.A. § 63-1-142.

(4) If an application is incomplete when received in the Council's Administrative Office, or the reviewing Council member or Council Consultant and a Board member or the Board's Consultant determine additional information is required from an applicant before an initial determination can be made, the applicant shall be notified and the necessary information requested by the Administrative Office. The applicant shall cause the requested information to be received in the Council's Administrative Office on or before the thirtieth (30^th) day after receipt of the notification.

(a) Such notification shall be sent by certified mail, return receipt requested, from the Council's Administrative Office.

(b) If the requested information is not received within the thirty (30) day period, the application file shall be closed and the applicant notified that the Council will not consider issuance of a license until a new application is received pursuant to the rules governing that process, including another payment of all applicable fees.

(c) At no time may an applicant sit for the practical examination until the Council's Consultant/Board Consultant has made the initial determination that the documentation in the application file has been accepted.

(5) If a completed application file has been denied by the Council or the Board, the action shall become final and the following shall occur:

(a) A notification of the denial shall be sent to the applicant by the Council's Administrative Office by certified mail, return receipt requested. Specific reasons for the denial will be stated, such as incomplete information, unofficial records, failure of examination, and other matters judged insufficient for licensure, and such notification shall contain all the specific statutory and 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. §§ 4-5-201, et seq.) to contest the denial and the procedure necessary to accomplish that action.

(6) If the Council or Board finds that it has erred in the issuance of a license, the Council will give written notice by certified mail, return receipt requested, of intent to revoke the license. The notice will allow the applicant the opportunity to meet the requirements of licensure within thirty (30) days from the date of receipt of the notification. If the applicant does not concur with the stated reason and the intent to revoke the license, the applicant shall have the right to proceed according to Rule 1370-02-.07(5)(b).

(7) If all requirements for licensure are not completed within twelve (12) months from the date of receipt of the application, written notification will be mailed to the applicant, and the application file will be closed. Once the file has been closed, no further Council action will take place until a new application is submitted. Failure to complete all forms, provide requested information, submit all fees, take or retake required examinations within the specified time frame will be just cause for the application file to be closed. This action may be made by the Council's Unit Director.

Notes

Tenn. Comp. R. & Regs. 1370-02-.07

For Administrative History prior to November, 1987 see page 1. Repeal and new rule filed September 24, 1987; effective November 8, 1987. Repeal and new rule filed April 29, 1992; effective June 13, 1992. Repeal and new rule renumbered from 0760-1-.07 filed December 28, 1999; effective March 12, 2000. Amendment filed April 17, 2003; effective July 1, 2003.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-301, 63-1-142, 63-15-103, 63-15-111, 63-17-105, 63-17-203, 63-17-205, 63-17-211, and 63-17-213.