Section 1240-04-05-.05 - RESTRICTED LICENSES FOR CHILD CARE AGENCIES(1) Limitation of Authority(a) In determining whether to deny, revoke or summarily suspend a license, the Department may choose to deny, revoke or suspend only certain authority of the licensee to operate and may permit the licensee to continue operation, but may restrict or modify the licensee's authority to provide certain services or perform certain functions, including, but not limited to: transportation or food service, enrollment of children at the agency, the agency's hours of operation, the agency's use of certain parts of the agency's physical facilities or any other function of the child care agency which the Department determines should be restricted or modified to protect the health, safety or welfare of the children.(b) The restrictions shall be contained in the notice of denial or revocation or in the order of summary suspension entered by the Department and shall state the basis for the restriction and the specific areas of operation which are to be limited.(2) The actions by the Department authorized by this section may be appealed to the Child Care Agency Board of Review as otherwise provided by the licensing law for any denial or revocation, or as provided in this chapter for summary suspensions of licenses.(3) Appeal and Status of Restricted License. (a) If the licensee does not appeal the issuance of a restricted license or the summary suspension of authority to operate, it may petition the Department to request that the restrictions be removed or altered.(b) If timely appeal is made, then, pending the hearing upon the restricted license, the child care agency may continue to operate pending the decision of the Child Care Agency Board of Review unless the license is summarily suspended as provided in Section .04(5).(4) The Department may, at any time, modify or remove the restrictions on the license upon order of the Commissioner, or the Commissioner's designee.Tenn. Comp. R. & Regs. 1240-04-05-.05
Chapter 1240-4-5 has been assigned a new control number, removed and renumbered to chapter 0250-4-5 filed and effective March 25, 1999 . New rule filed September 29, 2000; effective December 13, 2000.Authority: T.C.A. §§ 4-5-201 et seq.; 71-1-105; 71-3-501 et seq.; Act 2000, ch. 981, §§ 10(f)and 14.