Articles Posted in Administrative Law

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Most of our clients who are dealing with allegations from the Department of Health are fighting to keep their name off the abuse registry. More recently we have been contacted by individuals who have found out that their name has been placed on an abuse registry without their knowledge. This can cause a tremendous amount of problems, including preventing someone from being employed.

So, you are one of the people who have recently found out you were placed on an abuse registry years ago. What can you do now? Depending on how long ago you were placed on the registry, you do have options to get your name removed. The first is petitioning the Board to remove your name. This petition is very important and should be completed knowing what specific characteristic the Board is looking for in determining whether or not to remove a name from the abuse registry. Taking the time to understand how such a petition should be drafted, who should supply letters of reference and knowing who your audience is can mean the difference in your petition being granted or denied.

In the event that you have petitioned the Board for removal and have found out that your Petition has been denied, you do have an option. Tennessee law allows for a person to appeal an administrative decision to the Chancery Court for judicial review. Such a review is conducted by the court without a jury and is confined to the record of the agency’s decision alone. This review is limited to certain questions of law and, most times, focuses on the procedures and very little on the facts surrounding your case.

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Whether you are a nurse, doctor or pharmacist, your professional license is your livelihood. Theses licenses are governed by specific Boards as part of the Tennessee Department of Health and have the power to suspend and even revoke your license.

If you ever receive a 4-5-320(c) notice, then you could be facing discipline from the Department of Health that could have enormous ramifications on your ability to earn a living. A 4-5-320(c) letter is a notification that you have been charged with a violation of rules and regulations that govern your profession. Prior to receiving that notice, a Board Consultant and attorney from the Tennessee Department of Health have already investigated allegation and have decided to proceed with formal charges against you.

Included with this notice is usually a consent order, which is document produced by the Tennessee Department of Health attorney requesting that you agree to the facts surrounding the charge and consent to recommended discipline. At that time you have only a few options, either sign and consent to the facts and discipline; negotiate; or refuse to sign and move forward with a hearing on the allegations.