Tenn. Comp. R. & Regs. 1730-01-.07 - APPLICATION REVIEW, APPROVAL, DENIAL, INTERVIEWS

(1) Applications for licensure are accepted throughout the year.

(2) Initial review of all applications to determine whether the application file is complete may be delegated by the Board to the Board's Executive Director, provided that final approval of all applications is made and ratified by the Board.

(3) If an application is incomplete when reviewed by the Board or the Board's Executive Director, a deficiency letter will be sent to notify the applicant of the deficiency.

(a) For an applicant who has completed the requirements for licensure, all documentation must be received within sixty (60) days of mailing of the deficiency notification. Otherwise, the application shall be closed and the applicant may reapply.

(b) After an application file is closed, no further Board action will take place until a new application is received pursuant to the rules governing the applicable process, including another payment of all fees.

(4) For an applicant who has not passed the National Board Examination (NAVLE), the file will remain open until the applicant has had the opportunity to take the NAVLE three (3) times. At that time, the file will be closed and the applicant notified.

(5) If a complete application has been denied and ratified as such by the Board, the action shall become final and a notification of the denial shall be sent by the Board's administrative office via certified mail return receipt requested. Specific reasons for denial will be stated, such as incomplete information, unofficial records, examination failure, or other matters judged insufficient for licensure, and such notification shall contain all of the specific statutory or rule authorities for the denial.

(a) The denial notification, when appropriate, shall also contain a statement of the applicant's right to request a contested case hearing under the Uniform Administrative Procedures Act (T.C.A. § 4-5-101 to -404) to contest the denial.

(b) An applicant has a right to a contested case hearing only if the licensure denial was based on subjective or discretionary criteria.

(c) An applicant will not be granted a contested case hearing if the licensure denial was based on objective, clearly-defined criteria, unless the reasons for continued denial present a genuine issue of material fact or law that is appropriate for appeal. A request for appeal must be made in writing to the Board within 30 days of receipt of the denial notification from the Board.

(6) Any person furnishing false information or omitting pertinent information in such application shall be denied the right to sit for the examination. If the applicant has already been licensed before the falseness of such information has been made known to the Board, such license shall be subject to suspension or revocation by the Board.

(7) If the Board finds it has erred in the issuance of a license, the Board will give written notice by certified mail of its intent to annul the license. The notice will allow the applicant the opportunity to meet the requirements of licensure within 30 days from date of receipt of the notification.

(8) Abandonment of Application

(a) The Board's Executive Director will deem an application "abandoned" if:

1. The application has not been completed by the applicant within 18 months after it was initially reviewed by the Board; or

2. An applicant fails to sit for a scheduled examination within twelve (12) months after being notified of eligibility.

(b) Written notification of abandonment will be mailed to the applicant and the application file will be closed.

(c) An application submitted after the abandonment of a prior application shall be treated as a new application.

(9) Applicants, who by virtue of any criteria for licensure in the areas of mental, physical, moral or educational capabilities, as contained in the application and review process which indicates derogatory information or a potential risk to the public health, safety and welfare, may be required to present themselves to the Board, a Board member, or a Board's designee for an interview before final licensure may be granted. The interviews, which may be required, are considered part of the licensure process.

Notes

Tenn. Comp. R. & Regs. 1730-01-.07

Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed November 12, 1999; effective January 26, 2000. Amendment filed September 29, 2000; effective December 13, 2000. Amendments filed September 10, 2009; effective December 9, 2009. Amendment filed May 23, 2014; effective 8/21/2014.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-142, 63-12-105, 63-12-106, 63-12-107, 63-12-112, 63-12-114, 63-12-115, 63-12-116, and 63-12-117.