(1)  An applicant for a license or licensee of a child welfare 


agency aggrieved by a decision of the Department regarding 


the notice of denial or revocation of a license shall have a 


right to appeal such decision to the Board of Review by 


making a request, in writing, to the Commissioner of the 


Department of Human Services which request is received in 


the office of the Commissioner within 10 days of the 


mailing date of the denial or notice of revocation, or which 


is postmarked within 10 days of the mailing date of the 


notice of denial or revocation of the agency's license and 


which is received in the office of the Commissioner. 


 


(2)  The applicant or licensee shall have a right to be 


represented by retained counsel before the Board. 


 


(3)  The appeal shall be heard before the Board of Review 


as provided pursuant to T.C.A. ¤¤ 71-3-508 and 71-3-509, 


T.C.A. ¤ 4-5-301 et seq., and these rules, and the Board 


shall make its determination, based upon a preponderance of 


the evidence. 


 


(4)  The Board may, by order, continue the hearing up to a 


total of six months and permit the agency to continue 


operations under whatever conditions are appropriate, if the 


Board determines that such continuance is necessary to 


further determine the agency's ability or willingness to 


adhere to licensing laws or rules.  No continuances shall be 


permitted, for this purpose, for more than six months.  The 


Board may then receive further evidence concerning the 


agency's compliance with licensing laws or rules.  The 


Board shall then only determine whether the denial or 


revocation should be sustained on the previously charged 


violations or on any new violations found by the 


Department of which the agency has received written notice 


since the previous notice of denial or revocation. 


 


(5)  When, except for provisions for its continuation as 


provided in 1240-5-11-.06 and 1240-5-11-.07, a license 


would have expired during action before the Board of 


Review or reviewing Court and when the Board or Court 


does not ultimately sustain the Department's denial or 


revocation of the license, the licensee must apply for an 


annual license within 10 calendar days of the date of the 


Board's or reviewing Court's action. 


 


(6)  For purpose of these rules, "date of the Board's or 


reviewing Court's action" shall mean the date of entry of the 


Board's or Court's order affecting the license. 


 


(7)  No license shall remain in effect following a decision of 


the Board of Review upholding the Department's action 


unless a stay is entered by the Board or a reviewing Court.