§ 52-2-406 — Licensure - Application - Issuance

Tennessee § 52-2-406

• Jurisdiction: Tennessee
• Title: 52

Text

(a) A person, proprietorship, partnership, association, corporation, or any state, county, or local governmental unit or any division, department, board, or agency of government shall obtain a license from the department in order to lawfully establish, conduct, operate, or maintain a service or facility that provides intellectual or developmental disability services or personal support services. (b) The applicant shall submit an application on the department's form showing that the applicant is of reputable and responsible character and able to comply with the minimum standards for a service or facility providing intellectual or developmental disability services or personal support services. The application must also show the applicant is able to comply with the department's rules adopted under this part. The application must contain the following additional information: (1) The name of the applicant; (2) The type of facility or service; (3) The location; (4) The name of the person or persons to be in charge; and (5) Any other information as the department may require. (c) The department may approve the issuance of a license upon the application without further evidence, or, in its discretion, it may conduct its own investigation. (d) (1) Proof that a person or business has a personal or business history in any jurisdiction of the operation of substandard services or facilities or a felony conviction creates a presumption that the applicant or licensee does not have a reputable and responsible character. (2) An applicant denied a license on the basis of the presumption may request a hearing for the purpose of rebutting the presumption created by this subsection (d), in accordance with subsection (f). (e) A license must not be issued or renewed if the applicant, or any chief executive officer or director of the applicant, does not have a reputable and responsible character. (f) If the department determines that a license should not be granted, it shall notify the applicant. Within fifteen (15) days of notification of denial, the applicant may file a written request for review by the panel appointed under § 52-2-403(d) . The review must be at the earliest possible date, and recommendations must be reported to the commissioner. The commissioner shall determine whether the original license denial shall remain effective and shall notify the applicant. Within fifteen (15) days of notification, the applicant may file a written request for a hearing before the department. The hearing must be conducted under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (g) If the department determines that the applicant complies with and will in the future comply with this part and rules adopted under this title and has a reputable and responsible character, the department shall issue a license. (h) A license is valid for up to one (1) year from the date of issuance. A license may be issued only for the premises or services named in the application, must be posted in a conspicuous place at the service or facility, and may be renewed from year to year. A license is not assignable or transferable, except as permitted by § 52-2-418(b)(3) . The department may charge a reasonable fee for processing the application and issuance of licenses.

Legislative History

Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.