33-2-406 - Application for licensure. - Tennessee Statutes

33-2-406. Application for licensure.

(a)  To lawfully establish, conduct, operate, or maintain a service or facility that provides mental health, developmental disability, or personal support services, a person, 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.

(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 mental health, developmental disability, or personal support services and with the rules adopted under this part. The application shall contain the following additional information: the name of the applicant, the type of facility or service, the location, the name of the person or persons to be in charge, and such 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)  Proof that a person or business has a personal or business history in any jurisdiction of:

     (1)  Operation of substandard services or facilities; or

     (2)  A felony conviction creates a presumption that the applicant or licensee does not have reputable and responsible character. 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).

(e)  A license shall not be issued or renewed if the applicant, or any chief executive officer or director of the applicant, does not have 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 § 33-2-403(d). The review shall be at the earliest possible date, and recommendations shall 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 shall 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 the provisions of 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 § 33-2-418(b)(3). The department may charge a reasonable fee for processing the application and issuance of licenses.

[Acts 1978, ch. 853, §§ 2, 6; 1981, ch. 436, §§ 1, 3; 1983, ch. 323, §§ 25-27; T.C.A., § 33-1802; Acts 1987, ch. 143, § 1; T.C.A., § 33-1806; Acts 1987, ch. 248, §§ 2, 3; 1988, ch. 828, §§ 3, 4, 6, 7; 1988, ch. 875, §§ 1, 2; 1989, ch. 434, § 5; 1989, ch. 513, §§ 1, 14; 1989, ch. 559, § 2; 1991, ch. 459, §§ 9, 10; 1992, ch. 913, § 2; 1993, ch. 234, §§ 22, 25; 1996, ch. 1074, § 1; T.C.A., §§ 33-2-502, 33-2-506; Acts 2000, ch. 947, §§ 1, 6; 2001, ch. 282, § 5; 2002, ch. 730, § 3.]