Section 1340-02-03-.10 - SUSPENSION, REVOCATION OR DENIAL OF CERTIFICATION(1) The Department may, upon receipt of satisfactory evidence from the Program Director, suspend, revoke, refuse to issue or refuse to renew the certification of a Handgun Safety School or handgun instructor if: (a) The holder of any certificate fails to comply with the provisions of the rules and regulations of the Department or any associated state statute;(b) The holder of any certification has made a false statement or has concealed a material fact in connection with his application;(c) The holder of any certification has been guilty of a fraudulent practice in attempting to obtain for himself or another certification;(d) A Handgun Safety School fails to maintain/provide the Department with a facially valid proof of financial responsibility that meets the requirements of section .09 herein; or(e) The holder of any certification fails to maintain the minimum standards established herein.(2) Any suspension, revocation or denial of certification issued for violation of these rules and regulations shall be governed by the provisions of T.C.A., Title 4, Chapter 5 (Uniform Administrative Procedures Act). (a) A proposed suspension may be initiated if the Department finds any violation set forth in these rules and regulations. 1. If any violations of these rules and regulations are found, the Department shall notify the certificate holder of the violation in writing. The certificate holder shall have thirty (30) days from the date of the notice to show satisfactory compliance to the Program Director or designated Department representative.2. If, after thirty (30) days from the date of the violation notice, the certificate holder has failed to comply with the rules and regulations set forth, the Department shall issue a Notice of Proposed Suspension by mail to the certificate holder advising the holder of the reasons for this action or intended action of the Department and of the opportunity for an administrative hearing before a hearing officer. The administrative hearing request must be submitted in writing to the Department within fifteen (15) days from receipt of the Notice of Proposed Suspension.3. The Department shall provide the certificate holder a hearing before a hearing officer on the date and time specified in the notice. The sole issue to be considered is whether the certificate holder violated any rules set forth in these rules and regulations. An initial Order will be entered by the hearing officer within fifteen (15) days of the completed hearing. If the certificate holder fails to request a hearing or fails to appear for the administrative hearing the hearing officer will issue an initial Order of Suspension.4. If the hearing officer upholds the findings of the Department, an initial order of suspension will be issued, and a copy will be mailed to the certificate holder.(b) A summary suspension shall be initiated against the certificate holder if the Department finds that public health, safety, or welfare imperatively requires emergency actions. 1. Prior to the institution of the Department proceedings, the Department shall give notice by mail to the certificate holder of facts or conduct that warrant the intended action, and the certificate holder shall be given an opportunity to show compliance with all lawful requirements for retention of the license. If the Department finds that public health, safety, or welfare imperatively requires emergency action, a summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined. In issuing an order of summary suspension, the Department shall use one (1) of the following procedures:(i) The Department shall issue a notice to the certificate holder providing an opportunity for a prompt hearing, review or conference before the Program Director prior to the issuance of an order of summary suspension; or(ii) The Department shall proceed with the summary suspension and notify the certificate holder of the opportunity for a hearing before the Program Director within seven (7) business days of the issuance of the order of summary suspension.(c) The notice provided to the certificate holder may be provided by any reasonable means and shall inform the certificate holder of the reasons for the action or intended action of the agency and of the opportunity for an informal hearing, review, or conference before the Program Director. The informal hearing, review, or conference described by this section shall not be required to be held under the contested case provisions of the Uniform Administrative Procedures Act. The hearing, review, or conference is intended to provide a reasonable opportunity for the certificate holder to present the holder's version of the situation to the Program Director. Whether the hearing, review, or conference is held before or after an order of summary suspension, the sole issue to be considered is whether the public safety or welfare imperatively required emergency action by the Department.Tenn. Comp. R. & Regs. 1340-02-03-.10
Original rule filed January 25, 1995; effective April 10, 1995. Amendment filed September 16, 1996; effective January 28, 1997. Amendments filed March 15, 2018; effective 6/13/2018.Authority: T.C.A. §§ 4-3-2009, 39-17-1351, and 39-17-1360.