Unlicensed Facility Operation Referrals

(1) A State Government Agency that makes a Finding shall notify the Executive Director within five (5) business days of the completion of due process for placement on the Registry. Due process is considered completed when an individual has fully exhausted all administrative and judicial remedies in accordance with the referring State Government Agency’s standard procedures and, if applicable, the Uniform Administrative Procedures Act, as set forth in T.C.A. Title 4, Chapter 5, Part 3 and Tenn. Comp. R. & Regs. 1360-04-01-.01 et seq. This provision shall not apply to placement on the Registry by criminal disposition or judicial order in accordance with T.C.A. Title 71, Chapter 2, Part 1. (2) Referrals for placement on the Registry by other State Government Agencies shall include the following prerequisites, unless release of such information is prohibited by applicable Federal or State law or regulation. The State Government Agency shall provide the Executive Director with the following: (a) The name of the facility; (b) The names of the facility’s Owners or Operators; (c) The physical location or mailing address of the facility; (d) A citation to the statutory or regulatory authority used by the State Government Agency in making the Finding; (e) Other information that the State Government Agency deems necessary to adequately identify the facility to the public; (f) The identity of the complainant, which shall remain confidential; (g) Information regarding the investigation and substantiation of the allegation or findings of the State Government Agency, examples of which may include the investigative report, investigative summary, documents, witness statements or other evidence supporting the allegations or findings of the agency, unless release of such information is prohibited by applicable Federal or State law or regulation; and (h) An attestation that the requirements set forth in 0030-01-11-.04(1) have been met. (3) Referrals for placement on the Registry, including supporting documentation, by other State Government Agencies must be sent to the Executive Director by: (a) Email to unlicensed.facility@tn.gov; or (b) Certified Mail, FedEX, or UPS.