Section 0540-01-.07 - APPLICATION REVIEW, APPROVAL, AND DENIAL(1) Each completed electrologist or electrology instructor application received in the Board's administrative office on or before the 30th day prior to an examination shall be reviewed for eligibility to sit for the examination. Each completed reciprocity application must be received in the Board's administrative office at least 30 days prior to the Board meeting.(2) Applications are not considered completed until all information, including fees, has been received by the Division.(3) Initial review of all applications to determine whether or not the application file is complete may be delegated to the board's administrator provided that final approval of all applications is made by the board.(4) If an application is incomplete when received in the Board's administrative office, or if the Board's administrator determines additional information is required from an applicant before an initial determination can be made, the Board's administrative office shall notify the applicant of the information required. (a) The applicant shall cause the requested information to be received by the Board's administrative office on or before the sixtieth (60th) day after the notification requesting such information is sent to the applicant.(b) If the requested information is not timely received. the application file may be considered abandoned and may be closed by the Board's administrator. If that occurs, the applicant shall be notified that the Board will not consider issuance of a license until a new application is received pursuant to the rules governing that process, including another payment of all fees applicable to the applicant's circumstances and submission of such new supporting documents as is required by the Board of the Board's administrator.(5) Upon approval of the application, the applicant will be notified of eligibility to sit for the examination by the administrative office.(6) If after two (2) attempts, the examination is not passed, the licensure application will be denied and the complete examination may be taken only after the applicant: (a) Completes an additional electrolysis education program that the Board recommends; and(b) Pays the full examination fee.(7) If an application is denied and the denial is 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. §§ 4-5-101, 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 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 can not be approved and the reasons for continued denial present a genuine issue of fact and/or law which is appropriate for appeal, an appeal hearing may be requested. Such request must be made in writing to the Board within 30 days of the receipt of the notice of denial from the Board.(8) The Board may at its discretion delay a decision on eligibility to take the examination for any applicant for whom the Board wishes additional information.(9) Any person furnishing false information or omitting pertinent information in such application shall be denied the right to sit for the examination. If the applicant has already been licensed before the falseness of such information has been made known to the Board, such license shall be subject to suspension or revocation by the Board.(10) 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 annul the license. The notice will allow the applicant the opportunity to meet the requirements of licensure within 30 days from date of receipt of the notification.(11) If, after an application has been submitted, an applicant desires to change the type of application, a new application with supporting documents and appropriate fees shall be submitted and the first application shall be deemed withdrawn.Tenn. Comp. R. & Regs. 0540-01-.07
Original rule filed May 3, 1976; effective June 2, 1976. Repeal filed September 29, 1989; effective November 13, 1989. New rule filed December 28, 1995; effective March 12, 1996. Amendment filed August 18, 2006; effective November 1, 2006. Amendment filed December 13, 2012; effective May 31, 2013. However a petition for a rulemaking hearing was filed on January 7, 2013.Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-26-106, 63-26-108, 63-26-111, 63-26-112, 63-26-113, 63-26114, 63-26-119, and 63-26-123.