Tenn. Comp. R. & Regs. 1200-23-04-.03 - ESTABLISHMENT PERMITTING AND INSPECTION SYSTEM

(1) Application Procedures

(a) Any person planning to operate a hotel must obtain a written application for a permit on a form provided by the Commissioner through the local county health department prior to operating a hotel. A new or initial application is required for hotels that have not previously been permitted or for instances when ownership changes.

(b) The Commissioner shall issue a hotel permit.

1. after an inspection of the proposed facility reveals that the facility is in compliance with requirements of these rules and

2. upon receiving a completed application with applicable fees.

(2) Inspection System

(a) The Commissioner shall inspect or cause to be inspected every hotel at least once every six (6) months and as often as deemed necessary by the Commissioner.

(b) Inspection results for hotels shall be recorded on standard departmental forms which summarize the requirements of the law and rules.

(c) The scoring system shall include a weighted point value for each requirement in which critical items are assigned values of either four (4) or five (5) points, with less critical items having assigned values of either one (1) or two (2) points.

(d) The rating score of the facilities shall be the total of the weighted point values for all violations subtracted from one hundred (100).

(3) Violation Correction

(a) In accordance with T.C.A. 68-14-318, critical violations shall be corrected within ten (10) calendar days from the date of the inspection report. Minor or non-critical violations shall be corrected as soon as possible, but in any event by the time of the next routine inspection.

(b) Upon declaration of an imminent health hazard by the Commissioner, the facility shall immediately cease operations until authorized to reopen.

(c) The inspection report shall state that failure to comply with any time limits for correction may result in suspension of permit. An opportunity for a hearing concerning the inspection and/or inspection report and/or on the ordered corrective action will be provided, if written request is filed with the Commissioner within ten (10) calendar days following the inspection. If a request for a hearing is received, a hearing shall be held within a reasonable period of time after receipt of the request.

(4) Permit Revocation

(a) After providing an opportunity for a hearing, the Commissioner or his duly authorized representative may revoke a permit for serious or repeated violations of requirements of this part or for interference with the Commissioner or his duly authorized representative in the performance of his duty.

(b) Prior to revocation, the Commissioner or his duly authorized representative shall notify, in writing, the permittee of the specific reason(s) for which the permit is to be revoked, and that the permit shall be revoked at the end of ten (10) days following service of such notice, unless a written request for a hearing is filed with the Commissioner within such ten-day period. If no request for hearing is filed within the ten-day period, the revocation of the permit becomes final.

(5) Whenever a facility is required under this section to cease operations, it shall not resume operations until it is shown on re-inspection that conditions responsible for the order to cease operations no longer exist. Opportunity for re-inspection shall be offered within a reasonable time.

Notes

Tenn. Comp. R. & Regs. 1200-23-04-.03

Original rule filed September 9, 1999; effective November 22, 1999.

Authority: T.C.A. §§ 4-5-202 and 68-14-301 et seq.