Section 0030-01-11-.05 - PLACEMENT ON THE REGISTRY(1) The Executive Director shall place the following information on the Tennessee Commission on Aging and Disability's Unlicensed Facility Registry within five (5) business days of receiving notice of a Finding from a State Government Agency:(a) The name of the facility;(b) The names of the facility's Owners or Operators;(c) The physical location or mailing address of the facility;(d) A citation to the statutory or regulatory authority used by the State Government Agency in making the Finding; and(e) Other information that the State Government Agency deems necessary to adequately identify the facility to the public.(2) The Executive Director shall notify the person or facility in writing, based on the mailing address provided by the State Government Agency, within three (3) business days of publication on the Registry. Such notice will be sent by Certified Mail, FedEX, or UPS. If an email address of an Owner or Operator of the facility is provided to the Executive Director, notice may also be sent via email to the Owner or Operator. At a minimum, this notice must contain: (a) Notification that the individual has been published on the Registry for operating an unlicensed facility;(b) The allegations supporting the Finding that the individual has operated an unlicensed facility;(c) Notification that the individual may, within thirty (30) days of the date of the notice, request an administrative hearing to contest being published on the Registry by submitting a written request to the Executive Director or the Executive Director's designee to unlicensed.facility@tn.gov; and(d) Notice that the hearing will be a contested case hearing which will be conducted pursuant to the Tennessee Administrative Procedures Act, set forth in T.C.A. Title 4, Chapter 5, Section 3 and Tenn. Comp. R. & Regs. 1360-04-01-.01 et seq., and that the individual may be represented by an attorney at his or her own expense.(3) Appeals in contested cases by the Registry.(a) Notice of Hearing. Notice of Hearing will be provided and served in compliance with Tennessee Administrative Procedures Act, set forth in T.C.A. Title 4, Chapter 5, Section 3 and Tenn. Comp. R. & Regs. 1360-04-01-.01 et seq.(b) Initial Order. The administrative judge or hearing officer will issue an Initial Order which automatically becomes the Final Order fifteen (15) days after it is issued unless: 1. The Executive Director or the Executive Director's designee receives a petition for appeal stating the basis for the appeal within fifteen (15) days after the entry of the Initial Order. A Final Order will not be issued until the Executive Director or his designee has reviewed the Initial Order. A petition for appeal must be filed within the Administrative Procedures Division of the Secretary of State; or2. A party files a petition for reconsideration of this Initial Order, stating the specific reasons why the Initial Order was in error, within fifteen (15) days after the Initial Order's entry. This petition must also be filed with the Administrative Procedures Division as listed above.3. A petition for reconsideration is deemed denied if no action is taken within twenty (20) days of filing.4. A new fifteen (15) day period for the filing of an appeal with the Registry starts to run from the entry date of an order disposition of a petition for reconsideration, or from the twentieth (20th) day after filing of the petition, if no order is issued.5. A party may petition the Registry for a stay of the Initial Order within seven (7) days after the entry of the Initial Order.(c) Final Order. 1. Within fifteen (15) days after the Initial Order becomes a Final Order, a party may file a petition for reconsideration of the Final Order with the Executive Director or Executive Director's designee, in which the petitioner shall state the specific reasons why the Initial Order was in error.2. If no action is taken by the Executive Director or Executive Director's designee within twenty (20) days of filing of the petition, it is deemed denied.(d) Judicial Review. 1. If the individual is aggrieved with the outcome of a contested case hearing, the individual may seek judicial review of the Final Order by filing a petition for review in Chancery Court within sixty (60) days after the entry of a Final Order, or if a petition for reconsideration is granted, within sixty (60) days of the entry date of the Final Order disposing of the petition.2. The filing of a petition for reconsideration does not extend the sixty (60) day period for judicial review, if the petition for reconsideration is not granted.Tenn. Comp. R. & Regs. 0030-01-11-.05
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. §§ 4-5-301, et seq., 4-5-315, 4-5-316, 4-5-317, 4-5-322, and 71-2-118; and 2022 Tenn. Pub. Ch. No. 1081.