(a) The commission shall revoke the registration of a temporary healthcare staffing agency that knowingly provides to a healthcare facility a direct care staff with an illegally or fraudulently obtained or issued diploma, registration, license, certificate, criminal records check, or other item required for employment by a healthcare facility. The commission shall immediately notify the agency that its registration will be revoked in thirty (30) days.
Terms Used In Tennessee Code 68-11-2306
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Controlling person: means :(A) A business entity, officer, program administrator, or director whose responsibilities include the direction of the management or policies of a temporary healthcare staffing agency. See Tennessee Code 68-11-2301
Executive director: means the executive director of the health facilities commission. See Tennessee Code 68-11-2301
Healthcare facility: means a nursing home or an assisted-care living facility as those terms are defined by §. See Tennessee Code 68-11-2301
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) The commission shall not issue or renew a temporary healthcare staffing agency registration if a controlling person‘s registration has been revoked due to noncompliance with requirements in this section within five (5) years from the date of nonrenewal or revocation.(c) If a temporary healthcare staffing agency fails to comply with the reporting requirements in § 68-11-2305, then the commission shall assess a penalty of one hundred dollars ($100) for each day such agency is not in compliance. The commission may waive, in whole or in part, any penalty upon a determination that there is good cause for such a waiver.(d) The commission may suspend or revoke the registration of, or impose a fine not to exceed five thousand dollars ($5,000) per violation, against a temporary healthcare staffing agency that fails to comply with this part, or the rules promulgated by the commission in accordance with this part.(e) A temporary healthcare staffing agency may request a contested case hearing to appeal a denial of an application for registration, revocation of registration, or an imposed monetary penalty.(f) The contested case hearing required by this section must be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except as otherwise provided in this section.(g) Contested cases initiated pursuant to this section must be heard by an administrative law judge sitting alone. Petitions for contested cases received by the commission must be forwarded immediately to the administrative division of the secretary of state‘s office for assignment to an administrative law judge.(h) Judicial review of the executive director‘s final order in a contested case is as provided by law.
