Section 0260-02-.07 - APPLICATION REVIEW, APPROVAL, DENIAL, INTERVIEWS(1) An application packet shall be requested from the board's administrative office.(2) Review of all applications to determine whether or not the application file is complete may be delegated to the board's Unit Director, provided that approval of all applications is made and ratified by the board.(3) If an application is incomplete when received in the board's administrative office, the applicant will be notified of the deficiency. The requested information must be received in the board's administrative office within (60) days of the request.(4) If the requested information is not received within (60) days of the request, the application file shall become inactive and the applicant notified. No further board action will take place until the application is completed pursuant to the rules governing the application process.(5) 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 such as incomplete information, unofficial records, examination failure or other matters judged insufficient for licensure, and such notification shall contain 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.) to contest the denial and the procedure necessary to accomplish that action.(c) An applicant has a right to a contested case hearing only if the licensure denial is based on subjective or discretionary criteria.(d) An applicant may be granted a contested case hearing if licensure denial is based on an objective, clearly defined criteria only if after review and attempted resolution by the board's administrative staff, the licensure application can not be approved and the reasons for continued denial present a genuine issue of fact and/or law which is appropriate for appeal. Such request must be made in writing to the board within 30 days of the receipt of the notice of denial from the board.(6) The board or its designee may delay a decision on eligibility to take the examination for any applicant for whom the board wishes additional information for the purpose of clarifying information previously submitted. This request is to be in writing and sent by certified mail, return receipt requested. The applicant's response must be made and received at the Board's Administrative Office within 60 days from the date of receipt of the notice by the applicant or the application will be closed.(7) 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 revoke the license. The notice will allow the applicant the opportunity to meet the requirements of licensure within 30 days from the date of receipt of the notification. If the applicant does not concur with the stated reason and the intent to revoke the license, the applicant shall have the right to proceed according to rule 0260-02-.07(5).(8) Abandonment of Application (a) An application shall be deemed abandoned and closed if the application has not been completed by the applicant within 60 days after it was initially submitted and reviewed.(b) The above action must be ratified by the board.(c) An application submitted subsequent to the abandonment of a prior application shall be treated as a new application.(9) If an applicant requests an entrance for licensure, and wishes to change that application to a different type of entrance, a new application, with supporting documents and appropriate fee(s) must be submitted, i.e., reciprocity to examination.(10) Interviews (a) Applicants, who by virtue of any criteria for licensure in the areas of mental, physical, moral or educational capabilities, as contained in the application and review process which indicates derogatory information or a potential risk to the public health, safety and welfare, may be required to present themselves to the Board for an interview before final licensure may be granted. The interviews, which may be required, are considered part of the licensure process.(b) Applicants who have completed all requirements and procedures for licensure and who are not impacted by subparagraph (a) shall present themselves to a Board member for an interview which shall include a discussion regarding the applicant's knowledge and understanding of pertinent statutes, regulations and ethics codes. The applicant shall schedule the interview to occur within sixty (60) days of his/her receipt of the Board's written approval to commence.Tenn. Comp. R. & Regs. 0260-02-.07
Original rule filed April 19, 1983; effective May 19, 1983. Amendment filed October 22, 1987; effective December 6, 1987. Amendment filed April 25, 1989; effective July 29, 1989. Repeal and new rule filed December 28, 1995; effective March 12, 1996. Amendment filed December 13, 2000; effective February 26, 2001. Amendment filed April 12, 2002; effective June 26, 2002. Amendment filed August 26, 2002; effective November 9, 2002. Amendment filed October 29, 2008; effective January 12, 2009.Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-301, 63-4-102, 63-4-103, 63-4-106, 63-4-107, 63-4-108, 634-109, 63-4-110, 63-4-111, 63-4-112, 63-4-114, 63-4-115, and Public Chapter 618 of the Public Acts 2000.