Section 0470-01-.07 - APPLICATION REVIEW, APPROVAL, AND DENIAL(1) An application packet shall be requested from the board's administrative office.(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 be ordinarily 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 final approval of all applications is made and ratified by 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 of the deficiency. All supporting documentation must be received in the board office within 60 days of receipt of notification of a deficiency or the application shall be deemed abandoned pursuant to Rule 0470-1-.07(8).(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 office 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 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. 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 a genuine issue of fact and/or law which is appropriate for appeal. Such request must be made in writing to the board within 30 days of the receipt of the notice of denial from the board.(6) The board may at its discretion delay a decision on licensure 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 requested information shall be submitted within 60 days of the date of receipt of a request for additional information.(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 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 0470-1-.07(5).(8) Abandonment of Application (a) An application shall be deemed abandoned and closed if the application has not been completed by the applicant within 60 days after receipt of notification of a deficiency or request for additional information.(b) The determination of abandonment must be ratified by the Board. Written notification will be mailed to the applicant notifying him that the file has been closed.(c) An individual who abandons an application must file a new application with the Board.Tenn. Comp. R. & Regs. 0470-01-.07
Original rule filed December 18, 1995; effective March 1, 1996.Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-301, and 63-25-107.