Section 0030-01-11-.02 - SCOPE OF RULES(1) These rules shall apply to the: (a) Unlicensed facilities which have been deemed to require licensure under T.C.A. §§ 6811-213 or 33-2-405;(b) Notifications of intent to place any person who has been identified by a State Government Agency as operating an unlicensed facility that has been found to be in violation of T.C.A. §§ 68-11-213 or 33-2-405;(c) Referrals made to the Executive Director for placement on the Registry from State Government Agencies;(d) Notification to the individual of the individual or facility's inclusion on the Registry;(e) Requests for removal from the Registry;(f) Requests for injunctive relief; and(g) Referrals for criminal prosecution.(2) Due Process. (a) Notice and opportunity to be heard will be accorded to an individual based on each State Government Agency's standard procedures.(b) The Registry's administrative due process consists of contested case hearings and appeals conducted according to the procedures set forth in the Uniform Administrative Procedures Act, as set forth in T.C.A. Title 4, Chapter 5, Part 3 and Tenn. Comp. R. & Regs. 1360-04-01-.01 et seq.Tenn. Comp. R. & Regs. 0030-01-11-.02
Emergency rules filed July 1, 2022; effective through December 28, 2022. New rules filed September 30, 2022; effective 12/29/2022.Authority: T.C.A. § 71-2-118 and 2022 Tenn. Pub. Ch. No. 1081.