Rules & Regulations of the State of Tennessee
Title 1240 - Human Services
Subtitle 1240-05 - Administrative Procedures Division
Chapter 1240-05-13 - Child Care Agency Board of Review
Section 1240-05-13-.03 - COMPOSITION AND DUTIES OF THE BOARD

(1) The Board membership shall be composed of the Commissioners of Health and Education or their designees, the Executive Director of the Commission on Children and Youth or designee, and a member from one (1) current or previous standards committee from the Departments of Children's Services and Human Services. Four (4) persons shall be selected from a pool of up to twelve (12) representatives at-large. These four (4) persons shall be selected by the five (5) members designated above as follows:

(2) In reviewing licensing actions under this Chapter, the Board of Review shall consist of nine (9) persons selected from the Board's membership.

(3) A quorum of the Board shall consist of five (5) persons.

(4) In establishing a quorum for the Board to conduct its review of the licensing actions of the Departments, the chair shall randomly select the names of the at-large members of the Board for the Board's current licensing review action from the pool of twelve (12) persons selected pursuant to paragraph (1) until the nine (9) member composition is reached, or, if that is not possible, until a quorum is reached.

(5) Until a Chair is selected by the Board, the Commissioner of Education or the Commissioner's designee shall serve as the Chair of the Board. The Board shall elect a Vice-Chair who shall serve in the absence of the Chair. If the Chair resigns, is unable to perform the duties of the Chairperson, is removed or the Chair's term on the Board expires, the Commissioner of Education shall appoint a new Chair until the Board can elect a Chair. The Vice-Chair shall have authority to sign all orders of the Board in the absence or inability to act by the Chair, and can sign orders for actions of the panels pursuant to paragraph (6).

(6) In order to complete the work of the Board, the Chair may appoint one or more panels of the Board with a quorum of five (5) members, at least two (2) of whom shall be randomly selected at-large members selected by the Chair. The Chair of the Board shall appoint the Chair of the panel. The panel shall have complete authority to hear any case under the Board's jurisdiction and shall have complete authority to enter any necessary orders concerning licensing actions conducted before the Board. Any orders of the panel shall be signed by the Chair of the panel, or in the absence or inability to act by the panel chair, by the Board Chair or Vice-Chair.

(7) Consistent with the licensing laws and regulations governing the child care agency, it is the duty of the Board to impartially consider the status of the licenses of all child care agencies whose cases are presented to the Board.

(8) In rendering its decisions, the Board, consistent with the provisions of paragraph (7), shall be guided at all times by the best interests of the children in the care of the child care agency.

(9) The Board may receive legal advice on its operations and procedures from the Office of General Counsel of the Departments of Children's Services or Human Services, consistent with the provisions of T.C.A. § 4-5-301 et seq.

(10) The Board shall meet quarterly, and more often as necessitated by the Board's duties. It shall receive periodic training in its duties and procedures for the conduct of Board hearings from the program and legal staff of the Department of Human Services, in consultation and with the assistance of similar staff from the Department of Children's Services.