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

§ 33-2-406. Application for licensure.

A person, proprietorship, 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 a department in order to lawfully establish, conduct, operate, or maintain a service or facility that provides mental health, alcohol and drug abuse prevention and/or treatment, intellectual or developmental disability, or personal support services. The applicant shall submit an application on a 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, alcohol and drug abuse prevention and/or treatment, intellectual or developmental disability services, or personal support services. The application will also show the applicant is able to comply with the department’s 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 Any other information as a department may require. 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. Proof that a person or business has a personal or business history in any jurisdiction of: Operation of substandard services or facilities; or 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). 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. 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. If the department determines that the applicant complies with and will in the future comply with this part and rules adopted under this title and has a reputable and responsible character, the department shall issue a license. 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. Notwithstanding this part, beginning July 1, 2018, the licensing fee for a nonresidential office-based opiate treatment facility is one thousand five hundred dollars ($1,500) per year. On or after July 1, 2019, the department may revise the fee by rule as otherwise permitted by law. Notwithstanding this part, beginning July 1, 2018, the department shall apply a reinspection fee of five hundred dollars ($500) to a nonresidential office-based opiate treatment facility. On or after July 1, 2019, the department may revise the fee by rules as otherwise permitted by law. 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; 2012, ch. 1010, § 9; 2018, ch. 978, § 4. Amendments. The 2018 amendment added (h)(2). Effective Dates. Acts 2018, ch. 978, § 15. July 1, 2018; provided that for purposes of rulemaking, the act took effect on May 21, 2018.