Articles Posted in Firm News

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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.

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Freeman & Fuson represents both landlords and tenants who find themselves in a dispute with the other. Whether you are facing an eviction or have a tenant who has breached the terms of the lease, we can help you with those issues or any number of the other problems that may arise. Tennessee has a set of laws that covers landlords and their tenants and the duties owed by both.

The duties of either the landlord or the tenant varies from county to county in Tennessee. That is because the Uniform Residential Landlord Tenant Acts (“URLTA”) applies to counties with a population of 68,000 or more. (Anderson, Blount, Bradley, Davidson, Greene, Hamilton, Knox, Madison, Maury, Montgomery, Putnam, Rutherford, Sevier, Shelby, Sullivan, Sumner, Washington, Williamson and Wilson).

LANDLORDS

On Monday, February 13, 2012, Freeman & Fuson made the decision to relocate their office to 9 Music Square West. The location is an early 1900’s Victorian House located directly across from Sony Entertainment on Music Row. The beautiful home will have a full media/conference room, 5 offices, 2 bathrooms, and a lobby for clients. We plan on being relocated by June 1, 2012.

This is a defining moment for our law firm. We made this decision knowing it will help our law firm service our existing client base more effectively while allowing us to become more visible and attractive to new clients.

Please come out and see the new building when we have our Open House this Spring 2012. Thank everyone for their support.