Section 1180-01-.04 - APPLICATION REVIEW, APPROVAL, DENIAL AND INTERVIEWS(1) Any applicant for licensure or certification shall request an application packet from the Board's administrative office.(2) Review of all submitted applications to determine application file completeness may be delegated to the Board's designee, provided that approval of all applications is made and ratified by the Board.(3) For applicants applying to sit for the written examination, a deficiency letter will be mailed to the applicant if the application is incomplete when received in the Board's administrative office. The requested information must be received in the Board's administrative office on or before the sixtieth (60th) day prior to the written examination. All other applicants must complete their application files within sixty (60) days of receipt of the deficiency notice. (a) Deficiency notification shall be sent certified mail, return receipt requested, from the board's administrative office.(b) If the requested information is not received on or before the sixtieth (60th) day prior to the written examination or within sixty (60) days of receipt of the deficiency notice, the application file shall become inactive and the applicant so notified. No further Board action will take place until the application is completed pursuant to the rules governing the application process. The Board may, at its discretion, keep a file open past this deadline if special circumstances warrant.(4) After review and upon approval by the Board of the completed application and supporting credentials, the applicant shall be allowed to sit for the written examination. For all other applicants, the completed application and supporting documentation will be reviewed in a timely manner at regularly scheduled Board meetings following completion of the application.(5) If an applicant has requested one level of licensure or certification and subsequent to Board review, wishes to change that application to a different level of licensure or certification and/or designation of HSP, a new application and fee must be submitted. An applicant may not simultaneously have an active application file for two (2) different levels of licensure or certification. If, subsequent to the initial application, an applicant initiates a new application for a different level of licensure or certification, the original application file will be closed.(6) A temporary authorization to practice, pursuant to T.C.A.63-1-142, may be issued to an applicant following an initial determination by a Board member or designee that the completed file evidences that the applicant has met all of the requirements for licensure, certification, renewal or reinstatement. The temporary authorization is valid until the Board reviews and makes a final decision on the application, and is effective for a period of no more than six months.(7) If a completed application has been denied 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, including the specific statutory or rule authorities for the denial.(b) The notification, when appropriate, shall contain a statement of the applicant's right to appeal the denial and the procedure necessary to perfect an appeal pursuant to the Tennessee Administrative Procedures Act, T.C.A. §§ 4-5-301, et seq.(c) An applicant has a right to appeal only if the licensure or certification denial is based on subjective or discretionary criteria.(d) An applicant may be granted a contested case hearing if licensure or certification denial is based on an objective, clearly defined criteria only if, after review and attempted resolution by the Board's administrative staff, the licensure or 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 administrator within thirty (30) days of the receipt of the notice of denial from the Board.(8) The Board or its designee may delay a decision on eligibility to take the examination for any applicant from whom the Board wishes additional information for the purpose of clarifying information previously submitted. Any request for additional information shall 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 sixty (60) days from the date of receipt of the notice by the applicant or the application will be closed.(9) If a license or certificate has been issued in error, the Board will give written notice by certified mail of its intent to revoke the license or certificate. The notice will allow the applicant the opportunity to meet the requirements of licensure or certification within thirty (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 or certificate, the applicant shall have the right to proceed according to paragraph (7) of this rule.(10) Abandonment of application. (a) An application shall be deemed abandoned and closed if it has not been completed by the applicant within sixty (60) days after it was initially submitted and reviewed.(b) A determination of abandonment and closure of an application file must be ratified by the board.(c) An application submitted subsequent to abandonment and closure of a prior application shall be treated as a new application.Tenn. Comp. R. & Regs. 1180-01-.04
Original rule filed September 12, 1974; effective October 12, 1974. Repeal and new rule filed June 6, 1978; effective September 28, 1978. Repeal and new rule filed September 29, 1995; effective December 13, 1995. Repeal and new rule filed August 29, 2000; effective November 12, 2000. Amendment filed June 18, 2002; effective November 1, 2002. Amendments filed October 18, 2004; effective January 1, 2005.Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-142, 63-11-104, 63-11-201, 63-11-206, 63-11-207, 63-11-208, 63-11-215, 63-11-216, and 63-11-217.