Section 1177-02-.06 - REFUSAL TO RENEW, DENIAL, SUSPENSION, AND REVOCATION OF APPROVAL(1) The Council may, in a lawful proceeding under the Uniform Administrative Procedures Act codified as T.C.A., Title 4, Chapter 5, deny, suspend, revoke, or refuse to renew the registration and approval of any entity that provides misdemeanor probation services in this state for any of the following:(a) Knowingly or recklessly making any verbal or written false or misleading statement of material fact, or omitting a material fact in connection with a registration application or in connection with an inspection or investigation of the entity;(b) Failure or refusal to provide Council representatives with meaningful access to the private entity's premises, staff, offender records and documents reasonably necessary to making a compliance determination;(c) Changing ownership of a private probation entity in order to avoid or avert the denial, revocation or suspension of registration;(d) Altering or falsifying any private probation entity records;(e) Failure or refusal by a private probation entity to remit required reports as outlined in these rules;(f) Failure or refusal to comply with any of these rules or with any law relating to the operation of a private probation entity;(g) Failure or refusal to comply with any order or directive issued by the Council pursuant to its authority as provided by law and rules;(h) Failure or refusal to pay any fees required under these rules;(i) Failure or refusal to follow its posted fee schedule;(j) Failure to follow the Council's rules on conflict of interest or code of conduct; or(k) Failure to properly supervise a probationer as set forth in the probation agreement. Examples of a failure to properly supervise include, but are not limited to: 1. Not meeting with the probationer as required in the probation agreement;2. Not conducting drug tests as required in the probation agreement, if applicable; or3. Not monitoring the probationer's attendance of required, if any, counseling classes.Tenn. Comp. R. & Regs. 1177-02-.06
Original rule filed June 23, 2005; effective September 6, 2005. Amendments filed August 12, 2016; effective 11/10/2016.Authority: T.C.A. §§ 16-3-902, 16-3-909, 16-3-910, and 40-35-302(g).