Rules & Regulations of the State of Tennessee
Title 1240 - Human Services
Subtitle 1240-04 - Standards for Regulated Institutions
Chapter 1240-04-05 - Procedures Affecting Licenses of Child Care Agencies
Section 1240-04-05-.05 - RESTRICTED LICENSES FOR CHILD CARE AGENCIES
Universal Citation: TN Comp Rules and Regs 1240-04-05-.05
Current through September 24, 2024
(1) Limitation of Authority
(a) In determining whether to
deny, revoke or summarily suspend a license, the Department may choose to deny,
revoke or suspend only certain authority of the licensee to operate and may
permit the licensee to continue operation, but may restrict or modify the
licensee's authority to provide certain services or perform certain functions,
including, but not limited to: transportation or food service, enrollment of
children at the agency, the agency's hours of operation, the agency's use of
certain parts of the agency's physical facilities or any other function of the
child care agency which the Department determines should be restricted or
modified to protect the health, safety or welfare of the children.
(b) The restrictions shall be contained in
the notice of denial or revocation or in the order of summary suspension
entered by the Department and shall state the basis for the restriction and the
specific areas of operation which are to be limited.
(2) The actions by the Department authorized by this section may be appealed to the Child Care Agency Board of Review as otherwise provided by the licensing law for any denial or revocation, or as provided in this chapter for summary suspensions of licenses.
(3) Appeal and Status of Restricted License.
(a) If the licensee does not appeal the
issuance of a restricted license or the summary suspension of authority to
operate, it may petition the Department to request that the restrictions be
removed or altered.
(b) If timely
appeal is made, then, pending the hearing upon the restricted license, the
child care agency may continue to operate pending the decision of the Child
Care Agency Board of Review unless the license is summarily suspended as
provided in Section .04(5).
(4) The Department may, at any time, modify or remove the restrictions on the license upon order of the Commissioner, or the Commissioner's designee.
Authority: T.C.A. §§ 4-5-201 et seq.; 71-1-105; 71-3-501 et seq.; Act 2000, ch. 981, §§ 10(f)and 14.
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