Section 1020-01-.09 - APPLICATION REVIEW, APPROVAL, DENIAL, AND INTERVIEWSReview and decisions on applications shall be governed by the following:
(1) Upon receipt of an incomplete application, the Board Administrative Office shall notify the applicant of the information required. The applicant shall submit the requested information to the Board Administrative Office on or before the forty-fifth (45th) day after the notification is sent. lf the requested information is not received by the Board Administrator within the forty-five (45) days, the application file shall be closed and the applicant notified that the Board will not take further action regarding the application. ln order to resume the application process, a new application must be received, including another payment of all fees.(2) Completed applications received in the Board Administrative Office may be submitted to a Board member or a Board designee for review. An initial determination to allow practice to commence may be made prior to the next Board meeting after the application is received. Each member of the Board and the Board's designee is vested with the authority to make these initial determinations.(3) lf the full Board denies licensure, the action shall become final and the following shall occur: (a) Notification of the denial shall be sent by the Board Administrative Office by certified mail, return receipt requested, containing 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, et seq. 1. An applicant has a right to a contested case hearing only if the licensure denial was based on subjective or discretionary criteria.2. An applicant may be granted a contested case hearing if licensure denial is based on objective, clearly defined criteria and denial is based on a genuine issue of fact and/or law.(4) Applicants may be required to present themselves to the Board for oral examination.(5) Approval of an application may be withheld or restricted for violation of the provisions of T.C.A. § 63-16-108 and any rules promulgated pursuant thereto or failure to fully comply with all application requirements.Tenn. Comp. R. & Regs. 1020-01-.09
Original rule certified June 7, 1974. Amendment filed April 28, 1983; effective May 31, 1983. Amendment filed October 22, 1987; effective December 6, 1987. Amendment filed May 9, 1991; effective June 22, 1991. Repeal and new rule filed December 17, 1991; effective January 31, 1992. Repeal and new rule filed December 14, 1999; effective February 27, 2000. Amendment filed September 4, 2003; effective November 18, 2003.Authority: T.C.A. §§ 4-5-102(3), 4-5-202, 4-5-204, 63-1-142, 63-16-103, 63-16-103(1) through 63-16-103(8), 63-16-104, 63-16-105, 63-16-106(a), 63-16-107(c), 63-16-107(d), 63-16-108, and 63-16-109.