Section 1730-04-.05 - APPLICATION REVIEW, APPROVAL, DENIAL(1) Applications for certification will be accepted throughout the year.(2) Initial review of all applications to determine whether or not the application file is complete may be delegated to the Board's Unit Director, provided that approval of all applications is made and ratified by the Board.(3) If an application is incomplete when reviewed by the Board, a deficiency letter will be sent to the applicant notifying it of the deficiency. (a) Such notification shall be sent certified mail return receipt requested from the Board's administrative office.(b) For an applicant that has completed the requirements for certification, all documentation must be received in the Board's administrative office within sixty (60) days after receipt of the deficiency notification. If the requested information is not received within sixty (60) days, the file will be closed and the applicant notified.(c) After an applicant file is closed, no further Board action will take place until a new application is received pursuant to the rules governing the applicable process, including another payment of all fees.(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, which shall contain all the specific statutory or regulatory 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. 1. An applicant has a right to a contested case hearing only if the certification denial was based on subjective or discretionary criteria.2. An applicant may be granted a contested case hearing if certification denial is based upon objective, clearly defined criteria only if after review and attempted resolution by the Board's administrative staff the certification application cannot be approved and the reasons for continued denial present genuine issues of fact and/or law which are appropriate for appeal. Such request must be made in writing to the Board within thirty (30) days of the receipt of the notice of denial from the Board.(5) Any entity furnishing false information or omitting pertinent information in such application shall be denied certification. If the applicant has already been certified before the falseness of such information has been made known to the Board, such certification shall be subject to suspension or revocation by the Board.(6) If the Board finds it has erred in the issuance of a certificate, the Board will give written notice by certified mail of its intent to void the certificate. The notice will allow the applicant the opportunity to meet the requirements of certification 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 the application has not been completed by the applicant within sixty (60) days after it was initially reviewed by the Board.(b) A determination of abandonment must be ratified by the Board.(c) An application submitted subsequent to the abandonment of a prior application shall be treated as a new application.Tenn. Comp. R. & Regs. 1730-04-.05
Original rule filed December 21, 1999; effective March 5, 2000.Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-301, 63-12-106, 63-12-107, and 63-12-141.