Rules & Regulations of the State of Tennessee
Title 1340 - Safety and Homeland Security
Subtitle 1340-02 - Administrative Division
Chapter 1340-02-03 - Department of Safety Approved Handgun Safety Program
Section 1340-02-03-.10 - SUSPENSION, REVOCATION OR DENIAL OF CERTIFICATION
Universal Citation: TN Comp Rules and Regs 1340-02-03-.10
Current through September 24, 2024
(1) The Department may, upon receipt of satisfactory evidence from the Program Director, suspend, revoke, refuse to issue or refuse to renew the certification of a Handgun Safety School or handgun instructor if:
(a) The holder of any certificate fails to
comply with the provisions of the rules and regulations of the Department or
any associated state statute;
(b)
The holder of any certification has made a false statement or has concealed a
material fact in connection with his application;
(c) The holder of any certification has been
guilty of a fraudulent practice in attempting to obtain for himself or another
certification;
(d) A Handgun Safety
School fails to maintain/provide the Department with a facially valid proof of
financial responsibility that meets the requirements of section .09 herein;
or
(e) The holder of any
certification fails to maintain the minimum standards established
herein.
(2) Any suspension, revocation or denial of certification issued for violation of these rules and regulations shall be governed by the provisions of T.C.A., Title 4, Chapter 5 (Uniform Administrative Procedures Act).
(a) A proposed suspension may be initiated if
the Department finds any violation set forth in these rules and regulations.
1. If any violations of these rules and
regulations are found, the Department shall notify the certificate holder of
the violation in writing. The certificate holder shall have thirty (30) days
from the date of the notice to show satisfactory compliance to the Program
Director or designated Department representative.
2. If, after thirty (30) days from the date
of the violation notice, the certificate holder has failed to comply with the
rules and regulations set forth, the Department shall issue a Notice of
Proposed Suspension by mail to the certificate holder advising the holder of
the reasons for this action or intended action of the Department and of the
opportunity for an administrative hearing before a hearing officer. The
administrative hearing request must be submitted in writing to the Department
within fifteen (15) days from receipt of the Notice of Proposed
Suspension.
3. The Department shall
provide the certificate holder a hearing before a hearing officer on the date
and time specified in the notice. The sole issue to be considered is whether
the certificate holder violated any rules set forth in these rules and
regulations. An initial Order will be entered by the hearing officer within
fifteen (15) days of the completed hearing. If the certificate holder fails to
request a hearing or fails to appear for the administrative hearing the hearing
officer will issue an initial Order of Suspension.
4. If the hearing officer upholds the
findings of the Department, an initial order of suspension will be issued, and
a copy will be mailed to the certificate holder.
(b) A summary suspension shall be initiated
against the certificate holder if the Department finds that public health,
safety, or welfare imperatively requires emergency actions.
1. Prior to the institution of the Department
proceedings, the Department shall give notice by mail to the certificate holder
of facts or conduct that warrant the intended action, and the certificate
holder shall be given an opportunity to show compliance with all lawful
requirements for retention of the license. If the Department finds that public
health, safety, or welfare imperatively requires emergency action, a summary
suspension of a license may be ordered pending proceedings for revocation or
other action. These proceedings shall be promptly instituted and determined. In
issuing an order of summary suspension, the Department shall use one (1) of the
following procedures:
(i) The Department shall
issue a notice to the certificate holder providing an opportunity for a prompt
hearing, review or conference before the Program Director prior to the issuance
of an order of summary suspension; or
(ii) The Department shall proceed with the
summary suspension and notify the certificate holder of the opportunity for a
hearing before the Program Director within seven (7) business days of the
issuance of the order of summary suspension.
(c) The notice provided to the certificate
holder may be provided by any reasonable means and shall inform the certificate
holder of the reasons for the action or intended action of the agency and of
the opportunity for an informal hearing, review, or conference before the
Program Director. The informal hearing, review, or conference described by this
section shall not be required to be held under the contested case provisions of
the Uniform Administrative Procedures Act. The hearing, review, or conference
is intended to provide a reasonable opportunity for the certificate holder to
present the holder's version of the situation to the Program Director. Whether
the hearing, review, or conference is held before or after an order of summary
suspension, the sole issue to be considered is whether the public safety or
welfare imperatively required emergency action by the Department.
Authority: T.C.A. §§ 4-3-2009, 39-17-1351, and 39-17-1360.
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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