Section 1240-05-13-.07 - WAIVER OF REAPPLICATION WAITING PERIODS(1) A licensee may request from the Board at a hearing on a denial or revocation of the agency's license a waiver of the re-application waiting period set forth in T.C.A. §§ 37-5-514(f) and 71-3-509(g) for first and second denials or revocations of licenses. A former licensee may also request a separate subsequent hearing before the Board or a panel in a written request made to the Commissioner for such a hearing. The Commissioner may elect to conduct this review.(2) No waiver may be requested by the licensee or granted by the Board or a panel, or by the Commissioner, following a third denial or revocation of the agency's license.(3) The agency must show to the Child Care Agency Board of Review's or the Commissioner's satisfaction, by a preponderance of the evidence, that the agency has corrected the deficiencies which led to the denial or revocation, and that the child care agency can demonstrate that it has the present and future ability, and is willing, to maintain compliance with licensing laws or regulations.(4) The decision of the Board or panel, or the Commissioner, shall be reduced to an order, which shall be a final order pursuant to Title 4, Chapter 5, Part 3, and may be appealed pursuant to § T.C.A.4-5-322.Tenn. Comp. R. & Regs. 1240-05-13-.07
Original rule filed September 29, 2000; effective December 13, 2000.Authority: T.C.A. §§ 4-5-201 et seq.; 71-1-105; 71-3-501 et seq.; Acts 2000, ch. 981, §§ 11 and 14.