Section 0480-01-.19 - BOARD MEETINGS, OFFICERS, CONSULTANTS, DECLARATORY ORDERS, AND SCREENING PANELS(1) Purpose of Board - The Board is charged by law with the responsibility for governing the profession of dispensing opticianry. This includes testing the applicants, granting approval for licensure, and revoking, suspending, and renewing licenses.(2) The Board shall elect every second year from its membership a chairperson and a secretary who shall hold office for two years or until the election and qualification of a successor.(a) Chairperson - presides at all Board meetings.(b) Secretary - who along with the Board administrator shall be responsible for correspondence from the board.(3) Board meetings(a) The time, place, and frequency of all Board meetings shall be decided by a majority of the Board, except at least one meeting shall be held annually.(b) A majority of the members of the Board shall at all times constitute a quorum.(c) All meetings of the Board shall be open to the public. Notice of meetings shall conform to all applicable sunshine laws.(4) Board Conflict of Interest - Any board member having an immediate personal, private, or financial interest in any matter pending before the Board shall disclose the fact in writing and shall not vote upon such matter.(5) The Board has the authority to select a Board consultant who shall serve as a consultant to the Division and who is vested with the authority to do the following acts: (a) Recommend whether and what type of disciplinary actions should be instituted as the result of complaints received or investigations conducted by the Division.(b) Recommend whether and what terms a complaint, case, or disciplinary action might be settled. Any matter proposed for settlement must be subsequently ratified by the full Board before it will become effective.(c) Undertake any other matter authorized by a majority vote of the Board.(6) Records and Complaints (a) All requests, applications, notices, other communications, and correspondence shall be directed to the Board's administrator who shall forward to the board chairman. Any requests or inquiries requiring a Board decision or official Board action except documents relating to disciplinary actions or hearing requests must be received 14 days prior to a scheduled Board meeting and will be retained in the administrative office and presented to the Board at the Board meeting. Such documentation not timely received shall be set over to the next Board meeting.(b) All records of the Board, except those made confidential by law, are open for inspection and examination, under the supervision of an employee of the Division at the Board's administrative office.(c) Copies of public records shall be provided to any person upon payment of the cost of copying.(d) Complaints made against a practitioner become public information only upon the filing of a notice of charges by the Department of Health.(e) All complaints should be directed to the Investigations Section of Health Related Boards.(7) Declaratory Orders - The Board adopts, as if fully set out herein, rule 1200-10-1-.11, of the Division of Health Related Boards and as it may from time to time be amended, as its rule governing the declaratory order process. All declaratory order petitions involving statutes, rules or orders within the jurisdiction of the Board shall be addressed by the Board pursuant to that rule and not by the Division. Declaratory Order Petition forms can be obtained from the Board's administrative office.(8) Screening Panels - The Board adopts, as if fully set out herein, Rule 1200-10-1-.13, of the Division of Health Related Boards and as it may from time to time be amended, as its rule governing the screening panel process.(9) The Board authorizes the member who chaired the Board for a contested case to be the agency member to make the decisions authorized pursuant to rule 1360-04-01-.18 regarding petitions for reconsiderations and stays in that case.Tenn. Comp. R. & Regs. 0480-01-.19
Original rule filed August 2, 1995; effective October 16, 1995. Amendment filed December 14, 1999; effective February 27, 2000. Amendment filed July 27, 2000; effective October 10, 2000. Amendment filed April 11, 2007; effective June 25, 2007. Amendment filed March 27, 2009; effective June 10, 2009.Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-223, 4-5-224, 4-5-225, 63-1-138, and 63-14-101, 63-14-104, 63-14-111.