Section 0540-03-.07 - APPLICATION REVIEW, APPROVAL, AND DENIAL(1) Each completed school application received in the Board's administrative office on or before the 30th day prior to a Board meeting will be presented at the next regularly scheduled meeting for the purpose of reviewing files.(2) Applications are not considered completed until all information, including fees, has been received by the Division.(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. In no event may an application be approved or denied without prior review by a 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 of the deficiency. The requested information must be received in the Board's administrative office on or before the 30th day after receipt of the notification.(a) Such notification shall be sent certified mail return receipt requested from the Board's administrative office.(b) If the requested information is not timely received, the application file shall be closed and the applicant notified. No further Board action will take place until a new application is received pursuant to the rules governing the application process, including another payment of all fees.(5) Each member of the Board is vested with the authority to make the initial determination.(6) Upon approval of the application, the applicant will be notified.(7) The Board may at its discretion delay a decision on an application to operate a school of electrology if the Board wishes additional information.(8) 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, 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. § 4-5-101, et seq.) 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 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, an appeal hearing may be requested. Such request must be made in writing to the Board within 30 days of the receipt of the notice of denial from the Board.(9) Any person furnishing false information or omitting pertinent information in such application shall be denied licensure to operate a school of electrology. If the applicant has already been licensed before the falseness of such information has been made known to the Board, such license shall be subject to suspension or revocation by the Board.(10) 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 annul 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.(11) Whenever requirements for licensure are not completed within 12 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.(12) Abandonment of Application(a) An application shall be deemed abandoned and closed if the application has not been completed by the applicant within 12 months after it was initially reviewed by the Board.(b) Whenever the applicant fails to complete the application process as stated in Rule 0540-03-.07(12)(a) above, written notification will be mailed to the applicant notifying him that the file has been closed. A determination of abandonment must be ratified by the Board.(c) An application submitted subsequent to the abandonment of a prior application shall be treated as a new application.Tenn. Comp. R. & Regs. 0540-03-.07
Original rule filed October 31, 1990; effective December 15, 1990. Repeal and new rule filed December 28, 1995; effective March 12, 1996. Amendment filed December 13, 2012; effective May 31, 2013. However a petition for a rulemaking hearing was filed on January 7, 2013.Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-26-106, 63-26-108, 63-26-111, 63-26-112, and 63-26-119.