Section 1240-04-05-.02 - DEFINITIONS(1) Applicant-The person or entity seeking an initial annual license or renewal of an annual license from the Department of Human Services.(2) Application-The form for, and the process of, applying for a license from the Department of Human Services.(3) Application for Renewal-Application for a new license during the existence of a currently valid license.(4) Child care agency-The person or entity providing child care as defined by the licensing law in T.C.A. §§ 71-3-501 et seq. and the rules of the Department of Human Services.(5) Child Care Agency Board of Review, Board of Review or Board-The entity established by T.C.A. §§ 71-3-510 and 37-5-515 to hear the appeals of the denial, revocation, or the restriction or limitation, other than summary suspensions, of licenses for child care agencies issued by the Departments of Children's Services and Human Services, and which adjudicates civil penalties imposed by the Department of Human Services against a child care agency under its jurisdiction.(6) Civil Penalty-A financial sanction imposed by the Department against a child care agency that has violated a licensing regulation.(7) Commissioner-Executive head of the Tennessee Department of Human Services.(8) Denial-The decision of the Department not to issue or renew a license.(9) Department-The Tennessee Department of Human Services.(10) Hearing Official-The administrative law judge or hearing officer assigned to conduct summary suspension hearings or for Child Care Agency Board of Review hearings as may be permitted by law.(11) Law-The statutory or regulatory provisions affecting the operation of a child care agency.(12) License-A permit issued by the Department to a child care agency, authorizing the licensee to provide child care in accordance with provisions of the license, the law, and the regulations of the Department of Human Services. Issuance of a license is not an endorsement of child care methods or of an agency's operational philosophy.(13) Licensee-The person, agency, group, or entity to whom or to which a license to operate a child care agency is issued by the Department of Human Services.(14) Reapplication-Application for a new license following denial or revocation of a license.(15) Restricted license-A license which, either at the time of issuance, or during the license's existence, is reduced in its operational authority by the Department so that the child care agency's ability to provide certain child care related services are limited because the Department has determined that one or more areas of the agency's operations are not in compliance with child care laws or regulations or the agency's operations are, or have posed, a risk to the health, safety or welfare of children in the agency's care or the agency's operations pose the potential of such risk. A restricted license may also be imposed by the Child Care Agency Board of Review as part of its review of the licensing status of a child care agency in the same manner and for the same reasons as such a license is issued or imposed by the Department. A restricted license may be appealed to the Child Care Agency Board of Review.(16) Revocation-The permanent removal of an existing license.(17) Summary Suspension-The emergency suspension of a license for violation(s) of licensing laws or regulations needed to adequately protect the health, safety, or welfare of children in a child care agency. Summary suspension may be ordered in circumstances that have resulted in death, injury or harm to a child or that have posed or threatened to pose a serious and immediate threat of harm or injury to a child based upon the intentional or negligent failure to comply with licensing laws or regulations.(18) Temporary license:(a) A permit issued by the Department to a new child care agency allowing and authorizing the temporary licensee to begin child care operations while the agency attempts to attain full compliance with all other applicable regulations.(b) The temporary license is valid, unless suspended, for one hundred twenty (120) days or until the application for an annual license is finally determined, and is issued upon application or reapplication by the applicant only if the staff and facility do not present any apparent hazards to the children that may be in care and only if the facility has received fire safety and environmental sanitation approval and if the applicant and the personnel who will care for the children are capable in all substantial respects to care for the children and that the applicant has the ability and intent to comply with the licensing laws and regulations.(c) If, at the end of the one hundred twenty (120) day period, evidence is provided by the applicant that such child care agency is suitable and properly managed and that the agency is in compliance with the rules governing the applicable class of child care agency, the Department will issue an annual license to the child care agency unless the Department determines that a restricted license should be issued.Tenn. Comp. R. & Regs. 1240-04-05-.02
Chapter 1240-04-05 has been assigned a new control number, removed and renumbered to chapter 0250-04-05 filed and effective March 25, 1999 . New rule filed September 29, 2000; effective December 13, 2000. Amendments filed May 1, 2018; effective 7/30/2018.Authority: T.C.A. §§ 4-5-201, et seq.; 71-1-105; 71-3-501, et seq.; 71-3-509(e); and Acts 2000, ch. 981, §§ 1-3, 10, and 14.