Tenn. Comp. R. & Regs. 1730-05-.09 - BOARD CONSULTANTS, RECORDS AND COMPLAINTS, AND DECLARATORY ORDERS
(1) Board Consultants are appointed by the
Board and vested with the authority to do the following acts:
(a) Review and make determinations on
certification, exemption, renewal, and reactivation of certification
applications subject to the rules governing those respective
applications.
(b) Serve as
Consultant to the Division to decide the following:
1. Whether and what type disciplinary actions
should be instituted upon complaints received or investigations conducted by
the Division.
2. Whether and under
what terms a complaint, case or disciplinary action might be informally
settled. Any matter proposed for informal settlement must be subsequently
ratified by the full Board before it will become effective.
3. Make determinations, subject to subsequent
ratification by the full Board, on petitions for stay of Board Orders pursuant
to Rule 1360-04-01-.18.
4.
Undertake any other matters authorized by a majority vote of the
Board.
(2)
All requests, applications, notices, complaints, other communications and
correspondence shall be directed to the Board's administrative office. Any
requests or inquiries requiring a Board decision or official Board action
except documents relating to disciplinary actions, declaratory orders or
hearing requests must be received fourteen (14) days prior to a scheduled Board
meeting and will be retained in the administrative office and presented to the
Board at the Board meeting. Such documents not timely received shall be set
over to the next Board meeting.
(3)
Records and Complaints
(a) Minutes of the
board meetings and all records, documents, applications, and correspondence
will be maintained in the Board's administrative office.
(b) All records of the Board, except those
made confidential by law, are open for inspection and examination, under the
supervision of an employee of the Division at the Board's administrative
office.
(c) Copies of public
records shall be provided to any person upon payment of the cost of
copying.
(d) Complaints made
against a certificate holder become public information only upon the filing of
a notice of charges by the Department of Health.
(4) Requests for verification of
certification to practice in another state must be made in writing to the
Board's administrative office.
(5)
Declaratory Orders - The Board adopts, as if fully set herein, rule
1200-10-1-.11, of the Division of Health Related Boards and as it may from time
to time be amended, as its rule governing the declaratory order process. All
declaratory order petitions involving statutes, rules or orders within the
jurisdiction of the Board shall be addressed by the Board pursuant to that rule
and not by the Division. Declaratory Order Petition forms can be obtained form
the Board's administrative office.
Notes
Authority: T.C.A. ยงยง 4-5-202, 4-5-204, 4-5-223, 4-5-224, 63-12-105, 63-12-106, and 63-12-107.
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