Section 0450-03-.07 - APPLICATION REVIEW, APPROVAL AND DENIAL(1) An application shall be requested from the Board's administrative office or shall be downloaded from the Internet. The submitted application shall be accompanied by the nonrefundable application fee pursuant to rule 0450-03-.06.(2) Applications for licensure will be accepted throughout the year and files which are completed on or before the 30th day prior to the meeting will ordinarily be processed at the next board meeting scheduled for the purpose of reviewing files(3) Initial review of all applications to determine whether or not the application file is complete may be delegated to the Board's Administrator, provided that approval of all applications is made and ratified by the Board. In no event may an application be approved or denied without prior review by at least one member of the Board.(4) If an application is incomplete when received in the Board's administrative office, a deficiency letter will be sent to the applicant notifying him/her of the deficiency. The requested information must be received in the Board's administrative office before a licensure decision will be made. Under no circumstances shall licensure be granted to any applicant whose application the Board has determined to be incomplete.(5) If a completed application has been denied and ratified as such by the Board, the action shall become final and the following shall occur. (a) A notification of the denial shall be sent by the Board's Administrative Officer by certified mail return receipt requested. Specific reasons for denial will be stated, such as incomplete information, unofficial records, examination failure, or other matters judged insufficient for licensure and such notification shall contain all the specific statutory or rule authorities for the denial.(b) The notification, when appropriate, shall also contain a statement of the applicant's right to request a contested case hearing under the Tennessee Administrative Procedures Act (T.C.A. §§ 4-5-301, etseq.) to contest the denial and the procedure necessary to accomplish that action.(c) An applicant has a right to a contested case hearing only if the licensure denial was based on subjective or discretionary criteria.(d) An applicant may be granted a contested case hearing if licensure denial is based on an objective, clearly defined criteria only if after review and attempted resolution by the Board's Administrative staff, the licensure application can not be approved and the reasons for continued denial present genuine issues of fact and/or law which are appropriate for appeal.(6) The Board may at its discretion delay a decision on eligibility to take the written and/or oral examination(s) for any applicant for whom the Board wishes additional information for the purpose of clarifying information previously submitted. This request is to be in writing and shall be made within 60 days from the date of the official review of the application by the Board.(7) If the Board finds it has erred in the issuance of a license, the Board will give written notice by certified mail of its intent to revoke the license. The notice will allow the applicant the opportunity to meet the requirements of licensure within thirty (30) days from date of receipt of the notification. If the applicant does not concur with the stated reason and the intent to revoke the license, the applicant shall have the right to proceed according to Rule 0450-03.07 (5).(8) Whenever requirements for licensure are not completed within six (6) months from the date of the initial review of application and credentials, written notification will be mailed to the applicant and the application file will be closed. An applicant whose file has been closed shall subsequently be considered for licensure only upon the filing of a new application and payment of all appropriate fees.(9) Abandonment of application(a) An application shall be deemed abandoned and closed if:1. The application has not been completed by the applicant within six months after it was initially reviewed, and2. The applicant fails to sit for the written examination, if applicable, or oral examination, within six (6) months after being notified of eligibility.(b) The Administrator may close the abandoned file.(10) If an applicant requests one entrance for licensure and after Board review, wishes to change that application to a different type of entrance, a new application, with supporting documents and an additional application fee must be submitted (i.e. endorsement to examination).Tenn. Comp. R. & Regs. 0450-03-.07
Original rule filed December 30,1998; effective March 15, 1999. Amendment filed July 31, 2000; effective October 14, 2000. Amendment filed July 21, 2004; effective October 4, 2004. Amendment filed October 6, 2004; effective December 20, 2004.Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-22-102, 63-22-201, 63-22-203, 63-22-205, 63-22-206, and 6322-110.