Section 1200-06-01-.07 - APPLICATION, REVIEW, APPROVAL AND DENIAL(1) 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.(2) If an application is incomplete when received in the Board's administrative office, a deficiency letter will be sent to the applicant. Applications are not complete until all information and fees have been received by the Board's administrative office.(3) The Board may at its discretion delay a decision on eligibility for licensure for any applicant for whom the Board wishes additional information.(4) 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, and the notification shall contain all the specific statutory or rule authorities for the denial.(b) The notification 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.) 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 has a right to a contested case hearing if the licensure denial is based on objective, clearly defined criteria only if, after review and attempted resolution by the Board's administrative staff, the licensure application can not be approved for reasons which present a genuine issue of fact and/or law which is appropriate for appeal.(e) Requests for appeals of licensure denials must be made in writing to the Office of General Counsel, Department of Health, within 30 days of the receipt of the notice of denial from the Board.(5) Any person furnishing false information or omitting pertinent information in such application may be denied licensure. If the applicant has already been licensed before the falseness of such information has been made known to the Board, the license may be subject to disciplinary action by the Board.(6) 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 thirty (30) days from date of receipt of the notification.(7) Whenever requirements for licensure, except passing the examination, are not completed within sixty (60) days 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. All closed files shall be ratified by the Board.(8) Supporting documents may be accessed up to a year after being received in the Board's administrative office.(9) If an applicant requests licensure and wishes to change that application to a different type of licensure, the applicant shall submit a request in writing to the Board's administrative office. Any additional supporting documents necessary for the new type of licensure shall also be submitted.Tenn. Comp. R. & Regs. 1200-06-01-.07
Original rule filed May 3, 1995; effective July 17, 1995. Amendment filed March 4, 1998; effective May 20, 1998. Amendments filed January 13, 2022; effective 4/13/2022.Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-301, 68-29-105, 68-29-117, 68-29-118, and 68-29-127.