0260-05-.07
Application Review, Approval, Denial, Interviews
Cite as Tenn. Comp. R. & Regs. 0260-05-.07
(1)
An application packet shall be requested from the board’s administrative office.
(2)
Review of all applications to determine whether or not the application file is complete may be
delegated to the board’s Unit Director or designee.
(3)
If an application is incomplete when received in the board’s administrative office, a deficiency
letter will be sent to the applicant notifying him/her of the deficiency.
(a)
The requested information must be received in the board’s administrative office on or
before the 30th day after the applicant’s receipt of the notification.
GENERAL RULES GOVERNING CHIROPRACTIC THERAPY ASSISTANTS
CHAPTER 0260-05
(b)
If the requested information is not received within the thirty (30) day period, the
application file shall be closed and a new application must be submitted pursuant to the
rules governing the application process, including another payment of all fees.
(4)
If a completed application is denied by the board designee 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, specifying reasons for denial such as incomplete
information, unofficial records, examination failure, or other matters judged insufficient
for certification and such notification shall contain all the specific statutory or rule
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. §§ 4-5-301, et seq.) to contest the denial and the procedure
necessary to accomplish that action.
(c)
An applicant has a right to a contested case hearing only if the certification denial is
based on subjective or discretionary criteria.
(d)
An applicant may be granted a contested case hearing if certification denial is based on
an 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 a genuine issue of fact and/or law which is
appropriate for appeal. Such request must be made in writing to the board within 30
days of the receipt of the notice of denial from the board.
(5)
If the board finds it has erred in the issuance of proficiency certificate or certificate, the board
will give a written notice by certified mail of its intent to revoke the license. The notice will
allow the applicant the opportunity to meet the requirements of certification within thirty (30)
days from the date of receipt of notification. If the applicant does not concur with the stated
reason and the intent to revoke the certificate of proficiency or certificate, the applicant shall
have the right to proceed according to rule 0260-05-.07(5).
(6)
Whenever requirements for certification are not completed within thirty (30) days from the
date of initial review of application and credentials, written notification will be mailed to the
applicant and the application file will be closed. An applicant whose file has been closed shall
subsequently be considered for certification only upon the filing of a new application and
payment of all appropriate fees.
(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.
(b)
The above action must be ratified by the board or its designee.
(c)
An application submitted subsequent to the abandonment of a prior application shall be
treated as a new application.
(8)
If an applicant requests an entrance for certification, and after administrative review, wishes
to change that application to a different type of entrance, a new application, with supporting
documents
and
an
additional
application
fee
must
be
submitted,
e.g.,
reciprocity/endorsement to examination.
GENERAL RULES GOVERNING CHIROPRACTIC THERAPY ASSISTANTS
CHAPTER 0260-05