(1)  If the Department determines that the agency has failed 


to demonstrate compliance in the situations described in 


1240-5-1104 or 1240-5-11-.05, the Department shall send 


written notice of license revocation or license denial, as 


appropriate, to the child welfare agency director, owner, the 


governing board, or other person(s) in charge of or 


reasonably believed to be in charge of the agency at that 


time, by certified mail, return receipt requested. 


 


(2)  The notice shall state that the license is being revoked 


or denied and shall state the factual basis for the licensing 


action, shall cite to the specific licensing laws or rules which 


have been violated, and shall give the procedure and time 


for filing an appeal and shall state that the applicant/licensee 


may be represented by retained legal counsel. 


 


(3)  Revocation may be had at any time prior to the 


expiration date of the license upon 90-days notice to the 


licensee or as may be required under 1240-5-11.05(4)(c).  


The hearing on such revocation shall be heard by the Board 


of Review within the 90-day period unless the 


applicant/licensee consents in writing to an extension or 


unless the Board otherwise orders for good cause. 


 


(4)  If the license is denied, the hearing shall be held at the 


next regular meeting of the Board of Review but no later 


than 60 days from the date of the request for appeal, except 


with written consent of the applicant/licensee or by order of 


the Board for good cause. 


 


(5)  Unless the license is suspended as set forth in 1240-5-


11-.05, the existing conditional or annual license shall 


remain in effect during the proceedings to revoke or deny 


the license until the last day to seek appeal of the 


Department's decision to the Board of Review or if 


appealed, until the Board of Review's final decision, or until 


a later date fixed by order of the Board or the 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.