Section 0720-15-.03 - DISCIPLINARY PROCEDURES(1) The board may suspend or revoke a license for:(a) Violation of federal or state statues;(b) Violation of the rules as set forth in this chapter;(c) Permitting, aiding or abetting the commission of any illegal act in the PCCC;(d) Conduct or practice found by the board to be detrimental to the health, safety, or welfare of the children in the PCCC; and(e) Failure to renew license.(2) The board may consider all factors which it deems relevant, including but not limited to the following when determining sanctions:(a) The degree of sanctions necessary to ensure immediate and continued compliance;(b) The character and degree of impact of the violation on the health, safety and welfare of the children in the PCCC;(c) The conduct of the PCCC in taking all feasible steps or procedures necessary or appropriate to comply or correct the violations; and(d) Any prior violations by the PCCC of statutes, regulations or orders of the board.(3) When a PCCC is found by the department to have committed a violation of this chapter, the department will issue to the facility a statement of deficiencies. Within ten (10) days of the receipt of the deficiencies, the PCCC must return a plan of correction indicating the following:(a) How the deficiency will be corrected;(b) The date upon which each deficiency will be corrected;(c) What measures or systemic changes will be put in place to ensure that the deficient practice does not recur; and(d) How the corrective action will be monitored to ensure that the deficient practice does not recur.(4) Either failure to submit a plan of correction in a timely manner or a finding by the department that the plan of correction is unacceptable shall subject the PCCC license to possible disciplinary action.(5) The department may assess a civil penalty not to exceed one thousand dollars ($1,000) against any person or entity operating a prescribed child care facility without the license required by this chapter or in violation of any other statute or regulation promulgated hereunder. Each day of operation is a separate offense. (a) The board is authorized to conduct contested cases regarding appeals of the penalties assessed pursuant to this subsection.(6) Any licensee or applicant for a license, aggrieved by decision or action of the department or board, pursuant to this chapter, may request a hearing before the board. The proceedings and judicial review of the board's decision shall be in accordance with the Uniform Procedures Act, T.C.A. §§ 4-5-101, et seq.(7) Reconsideration and Stays. The Board authorizes the member who chaired the Board for a contested case to be the agency member to make the decisions authorized pursuant to rule 1360-04-01-.18 regarding petitions for reconsiderations and stays in that case.Tenn. Comp. R. & Regs. 0720-15-.03
Original rule certified June 7, 1974. Amendment filed July 3, 1984; effective August 1, 1984. Repeal filed May 22, 1986; effective July 21, 1986. New rule filed June 13, 2002; effective August 27, 2002. Amendment filed March 1, 2007; effective May 15, 2007. Transferred from chapter 1200-08-02 pursuant to Public Chapter 1119 of 2022 effective 7/1/2022.Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-219, 4-5-312, 4-5-316, 4-5-317, 68-11-202, 68-11-204, 68-11206, 68-11-207, 68-11-208, 68-11-209, and 68-11-213.