1. (1) The maintenance and renewal of a license is contingent upon evidence of continued compliance with rules and regulations. The Department may deny, suspend, or revoke a license on any of the following grounds:

   1. (a) Violation of licensure law or rules;
   2. (b) Permitting, aiding, or abetting the commission of any illegal act in a licensed facility or service;
   3. (c) Conduct or practice detrimental to the welfare of a person supported by a licensed or service;
   4. (d) The submission of false information to the Department; or
   5. (e) The use of subterfuge (e.g., filing through a second party after an individual has been denied a license).

2. (2) Unless the Department finds that summary suspension of a license is necessary, the procedure for revocations, suspension, and denials is as follows:

   1. (a) The licensee shall be notified in writing of the basis for the revocation, suspension or denial.
   2. (b) Within fifteen (15) days of the notification the licensee may file a written request for review by the Licensure Review Panel appointed under T.C.A., Title 33 Part. 2. Review shall be held at the earliest possible date.
   3. (c) The Licensure Review Panel shall report its recommendations to the Commissioner of the Department. The Commissioner shall determine whether the original action shall remain effective and notify the licensee.
   4. (d) Within fifteen (15) days of notification the licensee may file a written request for hearing before the Department. The hearing shall be conducted under the U.A.P.A. Title 4 Chapter 5.
3. (3) Summary suspension may only occur when the Department determines that continued operation of a licensed facility or service presents an immediate threat to the health, safety or welfare of persons supported. When a summary suspension occurs, proceedings for revocation or other action against the licensee shall be promptly instituted and determined in accordance with the Uniform Administrative Procedures Act.

Authority: T.C.A. §§ 4-4-103, 4-5-202, 33-1-201, 33-1-302, 33-1-303, 33-1-305, 33-1-309, 33-2-301, 33-2-302, 33-2-404, 33-2-407. Administrative History: New rules filed July 6, 2016; effective October 4, 2016.