Section 0260-05-.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 or designee.(3) If an application is incomplete when received in the board's administrative office, a deficiency letter will be sent to the applicant notifying him/her of the deficiency. (a) The requested information must be received in the board's administrative office on or before the 30th day after the applicant's receipt of the notification.(b) If the requested information is not received within the thirty (30) day period, the application file shall be closed and a new application must be submitted pursuant to the rules governing the application process, including another payment of all fees.(4) If a completed application is denied by the board designee 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, specifying reasons for denial such as incomplete information, unofficial records, examination failure, or other matters judged insufficient for certification 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 certification denial is based on subjective or discretionary criteria.(d) An applicant may be granted a contested case hearing if certification denial is based on an objective, clearly defined criteria only if after review and attempted resolution by the board's administrative staff, the certification application cannot 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.(5) If the board finds it has erred in the issuance of proficiency certificate or certificate, the board will give a 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 certification within thirty (30) days from the date of receipt of notification. If the applicant does not concur with the stated reason and the intent to revoke the certificate of proficiency or certificate, the applicant shall have the right to proceed according to rule 0260-05-.07(5).(6) Whenever requirements for certification are not completed within thirty (30) days from the date of 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 certification only upon the filing of a new application and payment of all appropriate fees.(7) Abandonment of Application (a) An application shall be deemed abandoned and closed if the application has not been completed by the applicant within sixty (60) days after it was initially reviewed.(b) The above action must be ratified by the board or its designee.(c) An application submitted subsequent to the abandonment of a prior application shall be treated as a new application.(8) If an applicant requests an entrance for certification, and after administrative review, wishes to change that application to a different type of entrance, a new application, with supporting documents and an additional application fee must be submitted, e.g., reciprocity/endorsement to examination.Tenn. Comp. R. & Regs. 0260-05-.07
Original rule filed February 9, 2000; 60-day stay filed February 24, 2000; effective June 23, 2000. Repeal and new rule filed November 15, 2000; effective January 30, 2001. Amendment filed October 14, 2011; effective January 12, 2012.Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-301, 63-4-106, 63-4-114, and 63-4-123.