Current through April 3, 2024
Review and decisions on applications cross referenced in
Chapters 0460-02, 0460-03 and 0460-04, to this rule shall be governed by the
following:
(1) Completed applications
received in the Board Administrative Office shall be submitted to a member of
the Board or the Board consultant for review.
(a) An initial determination as to issuance
or denial of the application shall be made after the application file is
complete. Each member of the Board and the Board consultant is vested with the
authority to make these initial determinations.
(b) 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 for an interview
before final licensure may be granted. If sufficient cause exists, an applicant
may be required to submit to a mental and/or physical examination.
(2) The specific authorization
applied for may be issued pursuant to the initial determination made by the
Board member or consultant reviewing the application. However, such
determination shall not become fully effective until such time as the full
Board ratifies it.
(3) If an
application is incomplete when received by the Board Administrative Office or
the reviewing Board member determines additional information is required from
an applicant before an initial determination can be made, the Board
Administrative Office shall notify the applicant of the information required.
The applicant shall cause the requested information to be received by the Board
Administrative Office on or before the sixtieth (60th) day after receipt of the
notification.
(a) Such notifications shall be
sent certified mail return receipt requested from the Board Administrative
Office.
(b) If the requested
information is not timely received, the application file shall be closed and
the applicant notified. 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 is initially
denied by the reviewing Board member or consultant, the applicant shall be
informed of that initial decision and that final determination shall be made by
the full Board at its next meeting. If the full Board ratifies the initial
denial, the action shall become final and the following shall occur:
(a) A notification of the denial shall be
sent by the Board Administrative Office by certified mail return receipt
requested which shall contain all the specific statutory or 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. §
4-5-101 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 licensure denial was based on subjective or
discretionary criteria.
2. An
applicant may be granted a contested case hearing if licensure denial is based
on an objective, clearly defined criteria only if after review and attempted
resolution by the Board's Administrative staff, the licensure application
cannot be approved and the reasons for continued denial present a genuine issue
of fact and/or law which is appropriate for appeal.
(5) The initial determination
procedures of this rule will not apply if the full Board reviews and makes
final determination on any application during its meetings.
(6) Any applicant who has successfully
complied with all requirements of the rules governing the specific
authorization applied for shall be entitled to its issuance with the following
exceptions:
(a) Applicants who by virtue of
any criteria in the area of mental, physical, moral or educational
capabilities, as contained in the application and review process which
indicates a potential risk to the public health, safety and welfare may,
pursuant to T.C.A. §
63-5-111(a)(1),
be required to present themselves to the Board or selected member(s) of the
Board for oral examination before final approval may be granted. If sufficient
cause, as determined by the full Board, exists an applicant may be required,
pursuant to T.C.A. §
63-5-124(b), to
submit to a mental and/or physical examination.
(b) The examinations which may be required by
paragraph (6)(a) of this rule are considered part of the examinations as
required prior to issuance of the authorization applied for pursuant to T.C.A.
§
63-5-111(a)(1).
(c) The issuance of the authorization applied
for may be withheld or restricted for violation of the provisions of T.C.A.
§
63-5-124(a) and
any rules promulgated pursuant thereto or failure to fully comply with all
application requirements.
(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 revoke the license. The notice will allow the applicant the
opportunity to meet the requirements for 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 0460-01-.04(4) (b).
Authority: T.C.A. §§
4-5-202,
4-5-204, 63-5-105, 63-5-111, and
63-5-124.
