47-18-5534 - Suspension, revocation or nonrenewal of registration. [Effective July 1, 2010.] - Tennessee Statutes

47-18-5534. Suspension, revocation or nonrenewal of registration. [Effective July 1, 2010.]

(a)  In this section, “insolvent” means:

     (1)  Having generally ceased to pay debts in the ordinary course of business other than as a result of good faith dispute;

     (2)  Being unable to pay debts as they become due; or

     (3)  Being insolvent within the meaning of the federal bankruptcy law, 11 U.S.C. § 101 et seq.

(b)  The administrator may suspend, revoke or deny renewal of a provider's registration if:

     (1)  A fact or condition exists that, if it had existed when the registrant applied for registration as a provider, would have been a reason for denying registration;

     (2)  The provider has committed a material violation of this part or a rule or order of the administrator under this part;

     (3)  The provider is insolvent;

     (4)  The provider or an employee or affiliate of the provider has refused to permit the administrator to make an examination authorized by this part, failed to comply with § 47-18-5532(b)(2) within fifteen (15) days after request or made a material misrepresentation or omission in complying with § 47-18-5532(b)(2); or

     (5)  The provider has not responded within a reasonable time and in an appropriate manner to communications from the administrator.

(c)  If a provider does not comply with § 47-18-5522(f) or if the administrator otherwise finds that the public health or safety or general welfare requires emergency action, the administrator may order a summary suspension of the provider's registration, effective on the date specified in the order.

(d)  If the administrator suspends, revokes or denies renewal of the registration of a provider, the administrator may seek a court order authorizing seizure of any or all of the money in a trust account required by § 47-18-5522, books, records, accounts and other property of the provider that are located in this state.

(e)  If the administrator suspends or revokes a provider's registration, the provider may appeal and request a hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.

[Acts 2009, ch. 469, § 1.]