1730-05-.05
Application Review, Approval, Denial
Cite as Tenn. Comp. R. & Regs. 1730-05-.05
(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 final 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 him of the deficiency.
(a)
Such notification shall be sent certified mail return receipt requested from the Board’s
administrative office.
(b)
For an applicant who 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 certificate application cannot be
GENERAL RULES GOVERNING CERTIFIED ANIMAL
CHAPTER 1730-05
EUTHANASIA TECHNICIANS
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 person furnishing false information or omitting pertinent information in such application
shall be denied certification. If the applicant has already been certified before the falseness or
omission 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.
(8)
Applicants, who by virtue of any criteria for licensure in the areas of mental, physical, moral or
educational capabilities, as contained in the application and review process which indicates
derogatory information or a potential risk to the public health, safety and welfare, may be
required to present themselves to the Board, a Board member, or the Board Designee for an
interview before final licensure may be granted. The interviews, which may be required, are
considered part of the licensure process.