TN Code § 49-7-2010 (2021)
2021 Tennessee Code|Title 49 - Education|Chapter 7 - Postsecondary and Higher Education Generally|Part 20 - Tennessee Higher Education Authorization Act of 2016|§ 49-7-2010. Denial, Revocation or Conditional Issuance of Authorization or Permit — Noncompliance by Institution

   If the commission, upon review and consideration of an application for authorization to operate or for an agent's permit, or for renewal of the authorization or the permit, determines that the applicant fails to meet the criteria established as provided in this part, the commission shall so notify the applicant, setting forth the reasons in writing and shall deny the application.   The commission may grant to an applicant for renewal an extension of time of reasonable duration in which the applicant may eliminate the reason or reasons for denial contained in the statement of denial, if the applicant has demonstrated to the satisfaction of the commission the applicant's desire to meet the requirements of § 49-7-2006 and the criteria established pursuant to § 49-7-2005(a), and if, in the judgment of the commission, it would be reasonably possible for the applicant to meet the requirements and criteria within that time.   In the event the commission denies an application for an agent's permit, or for renewal of an agent's permit, it shall notify the institution or institutions that the agent represented or proposed to represent, according to the records of the commission, including the reasons for the denial.      Any person aggrieved by a decision of the commission respecting denial of an authorization to operate, or of an agent's permit, or the placing of conditions on the authorization or the permit, whether on initial application or an application for renewal, and any person aggrieved by the imposition of a penalty by the commission under § 49-7-2017 shall have the right to a hearing and review of the decision by the commission as provided in this subsection (b).   If, upon written notification of any such action taken by the commission, the aggrieved party desires a hearing and review, the party shall notify the commission, in writing, within ten (10) days after the giving of notice of the action, otherwise the action shall be deemed final.   Upon receiving notice from the aggrieved party, the commission shall fix the time and place for a hearing, and shall notify the aggrieved party of the time and place of the hearing.   At the hearing, the party may employ counsel, shall have the right to hear the evidence upon which the action is based and present evidence in opposition or in extenuation. Any member of the commission may preside except where a clear conflict of interest may be demonstrated.   A decision of the commission following hearing, or on expiration of the time for demand of a hearing if no demand is filed, shall be deemed final, subject to the right of judicial review provided in §  49-7-2012. All matters presented by hearing as provided in this subsection (b) shall be acted upon promptly by the commission; and the commission shall notify all parties in writing of its decision, which shall include a statement of findings and conclusions upon all material issues of fact, law or discretion presented at the hearing and the appropriate rule, order, sanction, relief or denial thereof.      An authorization to operate, or an agent's permit, may be revoked or made conditional after its issuance if the commission has reasonable cause to believe that the holder of the authorization or permit has violated or is violating this part or any rules and regulations promulgated under this part. Prior to the revocation or imposition of condition, the commission shall notify the holder of the authorization or permit in writing of the impending action, setting forth the grounds for the action contemplated to be taken and advising the holder of a permit that if a hearing is requested, in writing, within ten (10) days of receipt of the notice, the commission shall set a time and place for a hearing at which the holder of the authorization or permit may be heard in response to the allegation of noncompliance with this part.    If a hearing is requested as described in subdivision (c)(1), the hearing shall be conducted as provided in subdivision (b)(3), and the holder of the authorization or permit shall have the rights set forth in subdivision (b)(3).   The decision of the commission shall be made as provided in subdivision (b)(4) and shall be deemed final, subject to the right of judicial review provided in §  49-7-2012.   In the event an agent's permit is revoked or condition imposed on the permit, the commission shall notify the institution or institutions that the agent was permitted to represent, as shown in the records of the commission, in addition to the notice required to be given to the agent and any other parties to the hearing.       In the event a postsecondary educational institution is determined by the commission to be in noncompliance with one (1) or more of the minimum standards for authorization established by this part, including any implementing regulations promulgated by the commission pursuant to this part, the commission may direct, as an alternative to or in addition to revocation or making conditional its authorization to operate, the institution to cease admission of additional students at the institution or may direct other action that may be deemed necessary, until such time as, in the judgment of the commission, the institution is being maintained and operated in compliance with minimum standards. Nothing in this section shall be construed to absolve institutions of their educational and financial obligations to currently enrolled students. Actions under this section are subject to the hearing and review provisions of subsection (b).