Ga. Comp. R. & Regs. R. 511-6-2-.20 - Compliance Procedures
(1)
Summary Suspension of Permits. The Health Authority shall have the power and
authority to summarily suspend a permit if the owner or operator refuses to
allow the Health Authority to enter upon and inspect the premises of the
tourist accommodation at any reasonable time and in a reasonable manner, or if
any part of the tourist accommodation presents an imminent health hazard to
members of the public, including but not limited to (i) an unapproved or
improperly functioning wastewater disposal system, (ii) an infestation of
insects, rodents, or other vermin, or (iii) an unapproved water supply or
inadequate water system.
(a) A summary
suspension shall be made in writing and shall be effective immediately upon
receipt by the owner or operator, and operation of the tourist accommodation
must cease immediately. If neither the owner nor operator can be found,
notification is achieved by tacking the notice to the front door of the tourist
accommodation and mailing a copy to the owner or operator. The notice of
suspension shall state the violations that justify summary suspension, and the
corrective action that must be taken in order for the summary suspension to be
lifted.
(b) The owner or operator
may seek review of the summary suspension by written request to the District
Health Director. The matter shall be heard by the District Health Director, or
a supervisory level employee designated by the District Health Director who was
not personally involved in the inspection, acting as a review official. The
Health Authority shall make every effort to arrange a hearing within 72 hours
of the request.
(c) The hearing
shall be conducted informally and without application of the rules of evidence.
Both the Environmental Health personnel and the owner or operator shall be
given an opportunity to present any arguments or evidence in support of their
positions. The review official may uphold the summary suspension, or may modify
or lift the suspension on such conditions as may be appropriate.
(d) The owner may request a hearing under
this subsection without prejudice to its right to pursue an appeal to the
Department pursuant to O.C.G.A. §
31-5-3.
(2) Partial closure or restricted access. The
Health Authority shall be authorized to close or restrict access to any area of
the premises found in violation of a critical item under Areas of Critical
Public Health Risk on the Tourist Accommodation Inspection Record or that may
be determined by the Health Authority to be an imminent health hazard to the
public. Such area shall be closed until the violations have been corrected or
imminent health hazards abated as determined by the Health Authority.
(a) Closure and restriction actions must be
recorded on an inspection record, identifying the problem and the corrective
actions to be taken by the permit holder or person in charge; and
(b) The date and time the violation was
noted, and the expected date of correction to be completed must be recorded on
the inspection record as well.
(c)
Considering the nature and the complexity of the corrective action or plan for
correction required, the Health Authority may specify that the permit holder
obtain the services of an appropriate licensed professional to correct a
violation or imminent health hazard. Then, the operator must submit a plan of
correction developed by the professional for review by the Health Authority.
Upon completion of the corrective action, a letter of verification signed by
the appropriate professional must be submitted before scheduling a
re-inspection as specified in subsection(2)(d) of this Rule. Failure to comply
with these actions may led to an enforcement action outlined in subsection
(1)(a) of this Rule.
(d) At its
discretion, the Health Authority shall have the authority to direct the permit
holder or person in charge to relocate tourists to another location within the
tourist accommodation. If such action is taken, the Health Authority will
provide a detailed explanation of such action on the inspection report form,
and a re-inspection of the vacated area by the Health Authority will be
required before tourists are permitted to return to locations from which they
had been previously removed.
(3) Suspension or Revocation of Permits. The
Health Authority shall have the power and authority to suspend or revoke a
permit if the owner or operator of a tourist accommodation is unwilling or
unable to comply with these regulations, the regulations of the local Health
Authority, or the provisions of O.C.G.A. Title 31-28-1 et seq.
(a) An owner or operator shall be presumed
unwilling or unable to comply if he or she refuses to allow the Health
Authority to enter upon and inspect the premises of the tourist accommodation
at any reasonable time and in a reasonable manner, or if any critical violation
is found to be uncorrected upon the third consecutive inspection, or upon
continuous violation of other rules in the chapter.
(b) The revocation of a permit may be
appealed to the Department of Public Health in accordance with O.C.G.A. Section
31-5-3 by sending written notice,
by certified mail or statutory overnight delivery, addressed to the Department
of Public Health, Office of General Counsel, with a copy to the Health
Authority official that revoked the permit. Within ten days of receiving the
notice, the Health Authority shall provide the Department with a copy of its
entire file on the inspections and actions that led to the revocation of the
permit. The Department shall schedule a hearing within 20 days of receiving the
notice, and shall decide the matter upon the arguments of the parties and the
administrative record.
(4) Voluntary Closure. In lieu of suspension
or revocation of a permit, the Health Authority may in its discretion allow a
tourist accommodation to voluntarily close all or part of the premises until
such time as violations are corrected, and upon such additional restrictions as
it may deem appropriate.
(5)
Resumption of Operations. If operations of a tourist accommodation are
discontinued due to the order or action of the Health Authority, then the
permit holder shall obtain approval from the Health Authority before resuming
operations.
Notes
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