Suspension, Revocation, Or Denial Of Certification

(1) The Commissioner, or designee, may, upon receipt of satisfactory evidence from the Handgun Permit Unit, suspend, revoke, refuse to issue, or refuse to renew the certification of an Enhanced Handgun Safety School or handgun instructor if: (a) The holder of any certificate fails to comply with the provisions of the rules and regulations of the Department or any associated state statute; (b) The holder of any certificate fails to maintain eligibility requirements by: 1. Having been convicted of a felony offense, stalking offense, or domestic violence offense at any time; 2. Having been convicted of any drug related offense or alcohol related offense in the past ten (10) years; 3. Currently being subject to an active order of protection; or 4. Be disqualified from purchasing, possessing, or carrying a firearm at the time of application. (c) The holder of any certification has made a false statement or has concealed a material fact in connection with their application; (d) The holder of any certification has been guilty of a fraudulent practice in attempting to obtain for themselves or another certification; (e) Written notice of the cancellation of insurance or bond required by the regulation is received by the Department and the certificate holder does not present satisfactory evidence of financial responsibility to the Department prior to the effective date of the cancellation; (f) The holder of any certification engages in illegal, unsafe, or other behavior that the Director deems as unprofessional; or (g) The holder of any certification fails to maintain the minimum standards established herein. DEPARTMENT OF SAFETY APPROVED ENHANCED CHAPTER 1340-02-03 HANDGUN SAFETY PROGRAM (2) Any suspension, revocation, or denial of certification issued for violation of these rules and regulations shall be governed by the contested case provisions of T.C.A. Title 4, Chapter 5 of the Uniform Administrative Procedures Act. (a) A proposed suspension may be initiated if the Department finds any violation set forth in these rules and regulations. 1. If any violations of these rules and regulations are found, the Department shall notify the certificate holder of the violation in writing and electronically. The certificate holder shall have thirty (30) days from the date of the notice to show satisfactory compliance to the Director or designated Department representative. 2. If, after thirty (30) days from the date of the violation notice, the certificate holder has failed to comply with the rules and regulations set forth, the Department shall issue a Notice of Proposed Suspension by mail and electronically to the certificate holder advising the holder of the reason for this action or intended action of the Department and of the opportunity for an administrative hearing before a hearing officer. The Administrative Hearing request must be submitted in writing to the Department within thirty (30) days from receipt of the Notice of Proposed Suspension. 3. The Department shall provide the certificate holder a hearing before a hearing officer on the date and time specified in the notice. The sole issue to be considered is whether the certificate holder violated any rules set forth in these rules and regulations. An Initial Order will be entered by the hearing officer within thirty (30) days of the completed hearing. If the certificate holder fails to request a hearing or fails to appear for the administrative hearing, the hearing officer will issue an Initial Order of Suspension. 4. If the hearing officer upholds the findings of the Department, an Initial Order of Suspension will be issued and a copy will be mailed to the certificate holder. (b) A summary suspension shall be initiated against the certificate holder if the Department finds that public health, safety, or welfare to themselves or others requires immediate action. 1. Prior to the institution of the Department proceedings, the Department shall give notice by mail and electronically to the certificate holder of the fact or conduct that warrants the intended action, and it will state that the certificate holder shall be given an opportunity to show compliance with all lawful requirements for retention of the license. If the Department finds that public health, safety, or welfare imperatively requires emergency action, a summary (emergency) suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined. In issuing an Order of Summary Suspension, the Department shall use one (1) of the following procedures: (i) The Department shall issue a notice to the certificate holder providing an opportunity for a prompt hearing, review, or conference before the Director prior to the issuance of an Order of Summary Suspension; or (ii) The Department shall proceed with the summary suspension and notify the certificate holder of the opportunity for a hearing before the Director within DEPARTMENT OF SAFETY APPROVED ENHANCED CHAPTER 1340-02-03 HANDGUN SAFETY PROGRAM seven (7) business days of the issuance of the Order of Summary Suspension. (c) The notice provided to the certificate holder may be provided by any reasonable means. It shall inform the certificate holder of the reason for the action or intended action of the agency and of the opportunity for an informal hearing, review, or conference before the Director. The informal hearing, review, or conference described by this section shall not be required to be held under the contested case provisions of the Uniform Administrative Procedures Act. The hearing, review, or conference is intended to provide a reasonable opportunity for the certificate holder to present the holder’s version of the situation to the Director. Whether the hearing, review, or conference is held before or after an Order of Summary Suspension, the sole issue to be considered is whether the public health, safety, or welfare imperatively required emergency action by the Department.