Section 1180-05-.07 - APPLICATION REVIEW, APPROVAL, DENIAL AND INTERVIEWS(1) Review of all submitted applications to determine application file completeness may be delegated to the Committee's designee, provided that approval of all applications is made and ratified by the Committee and the Board.(2) If an applicant has requested one level of licensure and subsequent to Committee review, wishes to change that application to a different level of licensure, 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. If, subsequent to the initial application, an applicant initiates a new application for a different level of licensure, the original application file will be closed.(3) 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 Committee designee that the completed file evidences that the applicant has met all of the requirements for licensure, renewal or reinstatement. The temporary authorization is valid until the Committee and the Board review and make a final decision on the application, and is effective for a period of no more than six months.(4) 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 if the licensure denial was based on subjective or discretionary criteria.(d) An applicant may be granted a contested case hearing if licensure denial is based on objective, clearly defined criteria. If after review and attempted resolution by the Board's administrative staff, the licensure application cannot be approved and the reasons for continued denial present a genuine issue of fact and/or law which is appropriate for appeal, an appeal may be requested. Such request must be made in writing to the Board within thirty (30) days of the receipt of the notice of denial.(5) The Committee or its designee may delay a decision on licensure for any applicant from whom the Committee wishes additional information for the purpose of clarifying information previously submitted. The applicant's response must be made and received at the Committee's administrative office within sixty (60) days from the date of receipt of the notice by the applicant or the application will be closed.(6) If a license has been issued in error, the Committee 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 within thirty (30) days from the date of receipt of the notification.(7) 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 or if the applicant does not submit the additional requested information within sixty (60) days from the date of receipt of the notice from the Committee's administrative office.(b) Once a file has been closed, no further Committee action will take place until a new application is submitted. Failure to complete all forms, provide requested information, submit all fees, take or retake required examinations within the specified time frame will be just cause for the application file to be closed. This action may be made by the Committee's administrative office.(c) An application submitted subsequent to abandonment and closure of a prior application shall be treated as a new application.Tenn. Comp. R. & Regs. 1180-05-.07
Original rule filed March 23, 2017; effective 6/21/2017.Authority: T.C.A §§ 4-5-202, 4-5-204, 63-11-301, et seq.