Application Review, Approval, And Denial

(1) Each completed school application received in the Registry’s administrative office will be reviewed regularly by the Commissioner. (2) Applications are not considered completed until all information, including fees, has been received by the Division. (3) Initial review of all applications to determine whether or not the application file is complete may be delegated to the Registry’s administrative staff, provided that final approval of all applications is made and ratified by the Commissioner. In no event may an application be approved or denied without prior review by the Commissioner. (4) If an application is incomplete when received in the Registry’s administrative office, a deficiency letter will be sent to the applicant notifying him/her of the deficiency. The requested information must be received in the Registry’s administrative office on or before the thirtieth (30th) day after receipt of the notification. (a) Such notification shall be sent certified mail return receipt requested from the Registry’s administrative office. (b) If the requested information is not timely received, the application file shall be closed and the applicant notified. No further action will take place until a new application is received pursuant to the rules governing the application process, including another payment of all fees. (5) Upon approval of the application, the applicant will be notified. (6) The Commissioner may at his or her discretion delay a decision on an application to operate a school of electrology if the Commissioner wishes additional information. (7) If a completed application has been denied by the Commissioner, the action shall become final and the following shall occur: GENERAL RULES GOVERNING SCHOOLS OF ELECTROLOGY CHAPTER 0540-03 (a) A notification of the denial shall be sent by the Registry’s administrative office by certified mail return receipt requested. Specific reasons for denial will be stated, such as incomplete information, unofficial records, or other matters judged insufficient for licensure, 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. §4-5-101, 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 licensure denial was based on subjective or discretionary criteria. (d) An applicant may be granted a contested case hearing if licensure denial is based on objective, clearly defined criteria. If after review and attempted resolution by the Registry’s administrative staff, the licensure application cannot be approved and the reasons for continued denial present a genuine issue of fact and/or law which is appropriate for appeal, an appeal hearing may be requested. Such request must be made in writing to the Registry within thirty (30) days of the receipt of the notice of denial from the Registry. (8) Any person furnishing false information or omitting pertinent information in such application shall be denied licensure to operate a school of electrology. If the applicant has already been licensed before the falseness of such information has been made known to the Commissioner, such license shall be subject to suspension or revocation by the Commissioner. (9) If the Commissioner finds that the issuance of a license was in error, the Commissioner will give written notice by certified mail of its intent to annul the license. The notice will allow the applicant the opportunity to meet the requirements of licensure within thirty (30) days from date of receipt of the notification. (10) Whenever requirements for licensure are not completed within twelve (12) months from the date of the 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 licensure only upon the filing of a new application and payment of all appropriate fees. (11) Abandonment of Application (a) An application shall be deemed abandoned and closed if the application has not been completed by the applicant within 90 days after it was initially reviewed by the Commissioner. (b) Whenever the applicant fails to complete the application process as stated in Rule 0540-03-.07(11)(a) above, written notification will be mailed to the applicant notifying him/her that the file has been closed. A determination of abandonment must be ratified by the Commissioner. (c) An application submitted subsequent to the abandonment of a prior application shall be treated as a new application.