68-11-1606 - Executive director of agency Appointment Salary Duties Delegation of authority Review. - Tennessee Statutes

68-11-1606. Executive director of agency Appointment Salary Duties Delegation of authority Review.

(a)  The agency shall appoint an executive director qualified by education and experience. The executive director shall demonstrate knowledge and experience in the areas of public administration and health policy development.

(b)  The agency shall fix the salary of the executive director, who shall serve at the pleasure of the agency. The executive director shall be the chief administrative officer of the agency and the appointing authority, exercising general supervision over all persons employed by the agency.

(c)  The executive director shall have the following duties:

     (1)  Keep a written record of all proceedings and transactions of the agency, which shall be open to public inspection during regular office hours;

     (2)  Administer the certificate of need process;

     (3)  Represent the agency before the general assembly;

     (4)  Oversee the issuance of responses to requests for determination regarding the applicability of the provisions of this part;

     (5)  Prepare the agenda, including consent and emergency calendars, and notice to the general public of all meetings and public hearings of the agency;

     (6)  Employ such personnel, within the budget, to assist in carrying out the provisions of this part; and

     (7)  Carry out all policies, rules and regulations that are adopted by the agency and supervise the expenditure of funds.

(d)  In addition to the duties provided in subsection (c), the agency shall have the authority to delegate, and it is the intent of the general assembly that the agency exercises such authority to delegate, the following responsibilities and duties to the executive director:

     (1)  Granting approval, denial, deferral or referral to the agency of applications for certificate of need in accordance with § 68-11-1609; and

     (2)  Granting approval or denial of modifications, changes of conditions or ownership, and extensions of certificates of need in accordance with provisions of this part.

(e)  The delegation of authority pursuant to subsection (d) shall continue until specifically revoked by the agency as a result of a determination that such revocation is necessary to insure the proper and orderly operations of the agency.

(f)  Actions taken by the executive director shall be final as if the actions were taken by the agency; provided, that a member of the agency may, in the sole discretion of the member, request that the agency review the action of the executive director. Such request shall be made within fifteen (15) days of the notice of the action by the executive director, in which case the action shall not become final until the agency has rendered its final decision in the matter. The review shall be heard within forty-five (45) days of the request for review of the action.

(g)  A party desiring the agency to review an action by the executive director must file a written petition for review with the agency within fifteen (15) days of notice of the action. The executive director shall notify the members within two (2) business days that a request for agency review of the initial action has been filed. Any member of the agency shall have fifteen (15) days to request an agency review. If no member requests a review within fifteen (15) days, the petition shall be deemed denied. If the agency grants the petition for review of the initial action of the executive director, the agency shall set a public hearing reviewing the action. The public hearing shall be held within forty-five (45) days from the date the review was requested by the member. This shall not be construed to limit in any way the authority of any agency member to request a review within fifteen (15) days of the notice of the initial action of the executive director.

(h)  All reviews by the agency of decisions made by the executive director shall be upon the written notice of the action of the executive director, the application file, reports from the appropriate reviewing agency, or such information as the agency shall direct.

(i)  If the agency does not exercise its discretion to review a decision of the executive director, the executive director shall issue a certificate of need or other notices of the decision, which shall be subject to judicial review in the same manner as are final actions of the agency.

[Acts 2002, ch. 780, § 4.]