(1)  Application or reapplication for a new license shall be 


made upon such forms as required by the Department and 


shall be made to the office of the Department having 


responsibility for providing service to the area in which the 


child welfare agency is located, or in the Department's State 


Office Licensing Unit if no local office provides licensing 


service for that class of agency. 


 


(2)  If after initial application or reapplication, fire safety 


and environmental sanitation approvals have been given and 


if the staff and the facility do not present any apparent 


hazards to the children in care, the Department will issue to 


the applicant a conditional license which shall be effective 


for 90 days or until the application for an annual license is 


finally determined in the Department.  If at the end of the 


90-day period evidence is  


provided by the applicant that the child welfare agency is 


suitable and properly managed and is in compliance with 


the rules governing the applicable class of child welfare 


agency, the Department will issue an annual license to the 


child welfare agency. 


 


(3)  (a)  Application for renewal of any existing license shall 


be made on or before the date of expiration of the existing 


license in the office of the Department having responsibility 


for providing service to the area in which the child welfare 


agency is located, or in the Department's State Office 


Licensing Unit if no local office provides licensing services 


for that class of agency. 





        (B)  A renewal application shall be deemed 


received if postmarked on or before the date of expiration of 


the existing license.  Failure to timely file an application for 


renewal of an existing license shall preclude further 


operation of the child welfare agency after the expiration 


date of the license, and failure to make a timely and 


sufficient renewal application for a license under the 


provisions of 1240-5-11-.07(5) shall preclude further 


operation of the child welfare agency after the expiration of 


any time period permitted therein. 


 


(4)  Upon receipt of a timely and sufficient application for 


renewal of an existing license, the existing license, unless 


suspended, shall continue in effect until the Department of 


Human Services makes a decision on the granting or denial 


of the license or until the time for appeal to the Board of 


Review of the decision of the Department of Human 


Services is exhausted or until the conclusion of proceedings 


before the Board of Review or a later date fixed by the 


Board or a reviewing Court.  Provided, however, the 


Department shall continue to have the right of inspection of 


such child welfare agency as set forth in T.C.A. ¤ 71-3-519 


during the pendency of the Board's or a reviewing Court's 


proceedings and it may bring new or additional violations 


before the Board of Review for the Board's consideration by 


amendment of its notice or a new notice to the child welfare 


agency at any time. 


 


(5)  A conditional license shall remain in effect, unless 


suspended, until the Department of Human Services makes 


a decision on the grant or denial of an annual license and, if 


denied, until the time for appeal to the Board of Review of 


the Department of Human Services of such denial is 


exhausted or until the conclusion of proceedings before the 


Board of Review or a later date fixed by the Board or a 


reviewing Court.  Provided, however, the Department shall 


continue to have the right of inspection of such child 


welfare agency as set forth in T.C.A. ¤ 71-3-519 during the 


pendency of the Board's or a reviewing Court's proceedings 


and it may bring new or additional violations before the 


Board of Review for the Board's consideration by 


amendment of its notice or a new notice to the child welfare 


agency at any time. 


 


(6)  An annual license shall be issued when the applicant is 


in compliance with the licensing rules and laws applicable 


to that class of child welfare agency for which application 


has been made.