Tenn. Comp. R. & Regs. 0720-46-.07

Current through October 22, 2024

Section 0720-46-.07 - [Effective until 5/5/2024] DISCIPLINARY PROCEDURES

(1) Upon a finding by the Commission that an agency has violated any provision of these rules, the Commission may impose any of the following actions separately or in any combination deemed appropriate to the offense:

(a) Probation - This is a formal disciplinary action which places an agency on close scrutiny for a fixed period of time determined by the Commission. This action may be combined with conditions which must be met before probation will be lifted and/or which restrict the agency's registration during the probationary period.

(b) Registration Suspension - This is a formal disciplinary action which suspends an agency's right to operate for a fixed period of time. It contemplates the reentry of the agency into operation under the registration previously issued. When the Commission suspends a registration, the agency may not operate during the period of suspension.

(c) Revocation for cause - This is the most severe form of disciplinary action which terminates a registration and removes a registration from the Registry. The Commission may allow reinstatement of a revoked registration upon conditions and after a period of time it deems appropriate. No petition for reinstatement and no new application for registration from an agency whose registration was revoked shall be considered prior to the expiration of at least five (5) years unless otherwise stated in the Commission's revocation order.

(d) Conditions - These include any action deemed appropriate by the Commission to be required of an agency disciplined during any period of probation or suspension or as a prerequisite to the lifting of probation or suspension or the reinstatement of a revoked registration.

(e) Civil penalty - A monetary disciplinary action assessed by the Commission.

(2) Once ordered, probation, suspension, revocation, assessment of a civil penalty, or any other condition of any type of disciplinary action may not be lifted unless and until the agency petitions the Commission, after the period of initial probation, suspension, revocation, or other conditioning has run, and all conditions placed on the probation, suspension, revocation, have been met, and after any civil penalties assessed have been paid.

(3) Order of Compliance - This procedure is a necessary adjunct to previously issued disciplinary orders and is available only when a petitioner has completely complied with the provisions of a previously issued disciplinary order, including an unregistered practice civil penalty order, and wishes or is required to obtain an order reflecting that compliance.

(a) The Commission will entertain petitions for an Order of Compliance as a supplement to a previously issued Order upon strict compliance with the procedures set forth in the following three (3) circumstances:

1. When the petitioner can prove compliance with all the terms of the previously issued order and is seeking to have an order issued reflecting that compliance;

2. When the petitioner can prove compliance with all the terms of the previously issued order and is seeking to have an order issued lifting a previously ordered suspension or probation; or

3. When the petitioner can prove compliance with all the terms of the previously issued order and is seeking to have an order issued reinstating a license previously revoked.

(b) Procedures

1. The petitioner shall submit a Petition for Order of Compliance to the Commission's staff that shall contain all of the following:

(i) A copy of the previously issued order; and

(ii) A statement of which provision of subparagraph (a) the petitioner is relying upon as a basis for the requested order; and

(iii) A copy of all documents that prove compliance with all the terms or conditions of the previously issued order. If proof of compliance requires testimony of an individual(s), including that of the petitioner, the petitioner must submit signed statements from every individual the petitioner intends to rely upon attesting, under oath, to the compliance. The Commission and its staff, in their discretion, may require such signed statements to be notarized. No documentation or testimony other than that submitted will be considered in making an initial determination on, or a final order in response to, the petition.

2. The Commission authorizes its staff to make an initial determination on the petition and take one of the following actions:

(i) Certify compliance and present the petition to the Commission as an uncontested matter; or

(ii) Deny the petition, after consultation with legal staff, if compliance with all of the provisions of the previous order is not proven and notify the petitioner of what provisions remain to be fulfilled and/or what proof of compliance was either not sufficient or not submitted.

3. The petitioner may not submit any additional documentation or testimony other than that contained in its petition as submitted to the Commission and its staff.

4. If the Commission finds that the petitioner has complied with all the terms of the previous order the Commission shall issue an Order of Compliance.

5. If the petition is denied either initially by the Commission's staff or after review by the Commission, and the petitioner believes compliance with the order has been sufficiently proven, the petitioner may, as authorized by law, file a request for a hearing with the Commission's staff and a Notice of Hearing will be filed to be heard by an Administrative Law Judge sitting alone.

(c) Form Petition

Petition for Order of Compliance

Temporary Healthcare Staffing Registry

Petitioner's Name:____________________________________

Petitioner's Mailing Address:____________________________

Petitioner's E-Mail Address:_____________________________

Telephone Number:___________________________________

Attorney for Petitioner:_________________________________

Attorney's Mailing Address:______________________________

Attorney's E-Mail Address:_______________________________

Attorney's Telephone Number:____________________________

The petitioner respectfully represents, as substantiated by the attached documentation, that all provisions of the attached disciplinary order have been complied with and is respectfully requesting: (circle one)

1. An order issued reflecting that compliance; or

2. An order issued reflecting that compliance and lifting a previously ordered suspension or probation; or

Note - You must enclose all documents necessary to prove your request including a copy of the original order. If any of the proof you are relying upon to show compliance is the testimony of any individual, including yourself, you must enclose signed statements from every individual you intend to rely upon attesting, under oath, to the compliance. The Commission's staff, in its discretion, may require such signed statements to be notarized. No documentation or testimony other than that submitted will be considered in making an initial determination on, or a final order in response to, this petition.

Respectfully submitted the ______ day of __________________, 20_____________.

________________________

By: _____________________

Name of Individual Signing on behalf of petitioner

Tenn. Comp. R. & Regs. 0720-46-.07

Emergency rules filed 11/7/2023; exp. through 5/5/2024 (Emergency).

Authority: T.C.A. §§ 68-11-207, 68-11-213, and 68-11-2206.