1. (1) Applicant. The person or entity seeking an initial annual license or the issuance or renewal of any annual or extended license from the Department of Children’s Services or the Department of Human Services.
2. (2) Application. The form for, and the process of, applying for a license from the Departments of Children’s Services or Human Services.
3. (3) Child care agency or agency. The person or entity providing child care as defined by the licensing law in T.C.A. §§ 37-5-501 et seq. and 71-3-501 et seq. and the rules, respectively, of the Departments of Children’s Services and Human Services.
4. (4) Child Care Agency Board of Review, Board of Review or Board. The entity established by T.C.A. §§ 71-3-510 and 37-5-515 to hear the appeals of the denial, revocation, or the restriction or limitation, other than summary suspensions, of licenses for child care agencies issued by the Departments of Children’s Services and Human Services, and which adjudicates civil penalties imposed by the Department of Human Services against a child care agency under its jurisdiction.
5. (5) Civil penalty. A financial sanction imposed by the Department of Human Services against a child care agency that has violated a licensing regulation.
6. (6) Commissioner. The executive head of the Department of Children’s Services or Human Services, as the context requires.
7. (7) Denial. The decision of the Department not to issue a license.
8. (8) Department. As the context requires, the term “Department”, without further description, refers to either the Department of Children’s Services or the Department of Human Services and, in such case, is dependent upon which class of child care agency is under consideration by the Department with licensing authority over the child care agency or which class of child care agency governed by the applicable Department is under consideration by the Child Care Agency Board of Review.
9. (9) Hearing Official. The administrative law judge or hearing officer assigned by law to conduct hearings before the Child Care Agency Board of Review.
10. (10) Law. The statutory or regulatory provisions affecting the operation of a child care agency.
11. (11) License. A permit issued by the Department of Children’s Services or the Department of Human Services to a child care agency, authorizing the licensee to provide child care in accordance with provisions of the license, the law, and the regulations of the Departments of Children’s Services or Human Services.
12. (12) Licensee. The person, agency, group, or entity to whom or to which a license to operate a child care agency is issued by the Departments of Children’s Services or Human Services.
13. (13) Probation. The process used by the Child Care Agency Board of Review or a panel of the Board as part of the hearing on an appeal by a child care agency to permit a child care agency to continue operation under conditions set by the Board or panel which may allow the Board to determine if the agency can provide adequate care for children under its supervision consistent with the licensing law and regulations governing that class of child care agency.
14. (14) Provisional license. A license issued to a child care agency for one hundred twenty (120) days for the purpose of allowing the child care agency to demonstrate their ability to attain and maintain compliance with all licensing laws and regulations. Such provisional license may continue in effect, unless suspended if the Department fails to issue a continuous license after the one hundred twenty (120) day period if the Department determines an extension is necessary to allow the child care agency to demonstrate ability to maintain compliance with licensing laws and regulations.
15. (15) Reapplication. Application for a new license following denial or revocation of a license.
16. (16) Restricted license. A license which, either at the time of issuance, or during the license’s existence, is reduced in its operational authority by the Departments of Children’s Services or Human Services so that the child care agency’s ability to provide certain child care related services is limited because the Department has determined that one or more areas of the agency’s operations are not in compliance with child care laws or regulations or the agency’s operations are, or have posed, a risk to the health, safety or welfare of children in the agency’s care or the agency’s operations pose the potential of such risk. A restricted license may also be imposed by the Child Care Agency Board of Review as part of its review of the licensing status of a child care agency in the same manner, and for the same reasons, as such a license is issued or imposed by either Department. A restricted license may be appealed to the Child Care Agency Board of Review.
17. (17) Revocation. The permanent removal of an existing license.

Authority: T.C.A. §§ 4-5-201, et seq., 71-1-105, 71-1-105(a)(5) and (a)(12), 71-3-501, et seq., and 71-3- 510. Administrative History: Original rule filed September 29, 2000; effective December 13, 2000. Amendments filed June 13, 2025; effective September 11, 2025.