Tenn. Comp. R. & Regs. 1730-05-.05 - APPLICATION REVIEW, APPROVAL, DENIAL
(1) Applications
for certification will be accepted throughout the year.
(2) Initial review of all applications to
determine whether or not the application file is complete may be delegated to
the Board's Unit 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, a deficiency letter
will be sent to the applicant notifying him of the deficiency.
(a) Such notification shall be sent certified
mail return receipt requested from the Board's administrative office.
(b) For an applicant who has completed the
requirements for certification, all documentation must be received in the
Board's administrative office within sixty (60) days after receipt of the
deficiency notification. If the requested information is not received within
sixty (60) days, the file will be closed and the applicant notified.
(c) After an applicant 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)
If a completed application has been denied and ratified as such by the Board,
the action shall become final and the following shall occur:
(a) A notification of the denial shall be
sent by the Board's Administrative Office by certified mail, return receipt
requested which shall contain all the specific statutory or regulatory
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. §§
4-5-101, et seq.) to contest the
denial and the procedure necessary to accomplish that action.
1. An applicant has a right to a contested
case hearing only if the certification denial was based on subjective or
discretionary criteria.
2. An
applicant may be granted a contested case hearing if certification denial is
based upon objective, clearly defined criteria only if after review and
attempted resolution by the Board's administrative staff the certificate
application cannot be approved and the reasons for continued denial present
genuine issues of fact and/or law which are appropriate for appeal. Such
request must be made in writing to the Board within thirty (30) days of the
receipt of the notice of denial from the Board.
(5) Any person furnishing false information
or omitting pertinent information in such application shall be denied
certification. If the applicant has already been certified before the falseness
or omission of such information has been made known to the Board, such
certification shall be subject to suspension or revocation by the
Board.
(6) If the Board finds it
has erred in the issuance of a certificate, the Board will give written notice
by certified mail of its intent to void the certificate. The notice will allow
the applicant the opportunity to meet the requirements of certification within
thirty (30) days from the date of receipt of the notification.
(7) Abandonment of Application
(a) An application shall be deemed abandoned
and closed if the application has not been completed by the applicant within
sixty (60) days after it was initially reviewed by the Board.
(b) A determination of abandonment must be
ratified by the Board.
(c) An
application submitted subsequent to the abandonment of a prior application
shall be treated as a new application.
(8) 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 the Board Designee for an interview before final licensure may be
granted. The interviews, which may be required, are considered part of the
licensure process.
Notes
Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-301, 63-12-106, 63-12-107, and 63-12-141.
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