Tenn. Comp. R. & Regs. 1200-23-01-.08

Current through December 10, 2024

Section 1200-23-01-.08 - COMPLIANCE AND ENFORCEMENT

(1) Applicability

(a) Public Health Protection - The department shall apply this code to promote its purpose of safeguarding public health and ensuring that food is safe, unadulterated and honestly presented when it is offered to the consumer.

(b) In enforcing the provisions of this Chapter, the department shall assess existing facilities or equipment that were in use before the effective date of this Chapter based on the following considerations:

1. Whether the facilities or equipment are in good repair and capable of being maintained in a sanitary condition;

2. Whether food-contact surfaces comply with 1200-23-01-.04(1)(a);

3. Whether the capacities of cooling, heating, and holding equipment are sufficient to comply with 1200-23-01-.04(3)(a)1.; and

4. The existence of a documented agreement with the permit holder that the facilities or equipment will be replaced as specified under 1200-23-01-.08(3)(i)6.

(c) Preventing Health Hazards, Provision for Conditions Not Addressed.

1. If necessary to protect against public health hazards or nuisances, the department may impose specific requirements in addition to the requirements contained in this Chapter that are authorized by law.

2. The department shall document the conditions that necessitate the imposition of additional requirements and the underlying public health rationale. The documentation shall be provided to the permit applicant or permit holder and a copy shall be maintained in the department's file for the food establishment.

(d) Variances

1. Modifications and Waivers. The department may grant a variance by modifying or waiving the requirements of this Chapter if in the opinion of the department a health hazard or nuisance will not result from the variance. If a variance is granted, the department shall retain the information specified under part 2. of this subparagraph in its records for the food establishment. Variance requests shall be submitted to a committee including a food scientist and representatives from industry and state and local public health agencies appointed by the department.

2. Documentation of Proposed Variance and Justification. Before a variance from a requirement of this Chapter is approved, the information that shall be provided by the person requesting the variance and retained in the department's file on the food establishment includes:

(i) A statement of the proposed variance of the Chapter requirement citing relevant Chapter section numbers;

(ii) An analysis of the rationale for how the potential public health hazards and nuisances addressed by the relevant Chapter sections will be alternatively addressed by the proposal; and

(iii) A HACCP plan if required as specified under 1200-23-01-.08(2)(c) that includes the information specified under 1200-23-01-.08(2)(d) as it is relevant to the variance requested.

3. Conformance with Approved Procedures. If the department grants a variance as specified in 1200-23-01-.08(1)(d), or a HACCP plan is otherwise required as specified under 1200-23-01-.08(2)(c), the permit holder shall:

(i) Comply with the HACCP plans and procedures that are submitted as specified under 1200-23-01-.08(2)(d) and approved as a basis for the modification or waiver; (P) and

(ii) Maintain and provide to the department, upon request, records specified under 1200-23-01-.08(2)(d)4. that demonstrate that the following are routinely employed;

(I) Procedures for monitoring the critical control points,

(II) Monitoring of the critical control points,

(III) Verification of the effectiveness of the operation or process, and

(IV) Necessary corrective actions if there is failure at a critical control point.

(2) Plan Submission and Approval

(a) When Plans Are Required. Plans drawn to scale for food establishments shall be submitted for review and approval to the department. A permit applicant or permit holder shall submit to the department properly prepared plans and specifications for review and approval before:

1. The construction of a food establishment;

2. The conversion of an existing structure for use as a food establishment; or

3. The remodeling of a food establishment or a change of type of food establishment or food operation as specified under 1200-23-01-.08(3)(e)3. if the department determines that plans and specifications are necessary to ensure compliance with this Chapter.

(b) Contents of the Plans and Specifications. The plans and specifications for a food establishment, including a food establishment specified under 1200-23-01-.08(2)(c), shall include, as required by the department based on the type of operation, type of food preparation, and foods prepared, the following information to demonstrate conformance with Chapter provisions:

1. Intended menu and plans to be reviewed;

2. Anticipated volume of food to be stored, prepared, and sold or served;

3. Proposed layout, mechanical schematics, construction materials, and finish schedules;

4. Proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capacities, and installation specifications;

5. Evidence that standard procedures that ensure compliance with the requirements of this Chapter are developed or are being developed; and

6. Other information that may be required by the department for the proper review of the proposed construction, conversion or modification, and procedures for operating a food establishment.

(c) When a HACCP Plan Is Required.

1. Before engaging in an activity that requires a HACCP plan, a permit applicant or permit holder shall submit to the department for approval a properly prepared HACCP plan as specified under 1200-23-01-.08(2)(d) and the relevant provisions of this Chapter if:

(i) Submission of a HACCP PLAN is required according to law;

(ii) A variance is required as specified under 1200-23-01-.03(4)(a)1.(iv), 1200-23-01-.03(5)(b), or 1200-23-01-.04(2)(d)8.(ii);

(iii) The department determines that a food preparation or processing method requires a variance based on a plan submittal specified under 1200-23-01-.08(2)(b), an inspectional finding, or a variance request.

2. A permit applicant or permit holder shall have a properly prepared HACCP plan as specified under 1200-23-01-.03(5)(c).

(d) Contents of a HACCP Plan. For a food establishment that is required under 1200-23-01-.08(2)(c) to have a HACCP plan, the plan and specifications shall indicate:

1. A categorization of the types of time/temperature control for safety foods that are specified in the menu such as soups and sauces, salads, and bulk, solid foods such as meat roasts, or of other foods that are specified by the department;

2. A flow diagram by specific or category type identifying critical control points and providing information on the following:

(i) Ingredients, materials, and equipment used in the preparation of that food, and

(ii) Formulations or recipes that delineate methods and procedural control measures that address the food safety concerns involved;

3. Food employee and supervisory training plan that addresses the food safety issues of concern;

4. A statement of standard operating procedures for the plan under consideration including clearly identifying:

(i) Each critical control point,

(ii) The critical limits for each critical control points,

(iii) The method and frequency for monitoring and controlling each critical control point by the food employee designated by the person in charge,

(iv) The method and frequency for the person in charge to routinely verify that the food employee is following standard operating procedures and monitoring critical control points,

(v) Action to be taken by the person in charge if the critical limits for each critical control point are not met,

(vi) Records to be maintained by the person in charge to demonstrate that the HACCP Plan is properly operated and managed; and

(vii) Additional scientific data or other information, as required by the department, supporting the determination that food safety is not compromised by the proposal.

(e) Trade Secrets. The department shall treat as confidential in accordance with law information that meets the criteria specified in law for a trade secret which is contained on inspection report forms and in the plans and specifications submitted under subparagraphs (a) and (b) of this rule.

(f) Preoperational Inspections. The department may conduct one or more preoperational inspections to verify that the food establishment is constructed and equipped in accordance with the approved plans and approved modifications of those plans, has established standard operating procedures as specified under part (2)(b)5. of this paragraph, and is in compliance with law and this Chapter.

(3) Permit to Operate

(a) Prerequisite for Operation. A person may not operate a food establishment without a valid permit to operate issued by the department.

(b) Submission 15 Calendar Days Before Proposed Opening. An applicant shall submit an application for a permit at least 15 calendar days before the date planned for opening a food establishment or the expiration date of the current permit for an existing facility or a farmers market food unit.

(c) Form of Submission. A person desiring to operate a food establishment shall submit to the department a written application for a permit on a form provided by the department.

(d) To qualify for a permit, an applicant shall:

1. Be an owner of the food establishment or an officer of the legal ownership;

2. Comply with the requirements of this Chapter;

3. As specified under 1200-23-01-.08(4)(b), agree to allow access to the food establishment and to provide required information; and

4. Pay the applicable permit fees at the time the application is submitted.

(e) Contents of the Application. The application for a food service establishment, excluding farmers market food units, shall include:

1. The name, mailing address, telephone number, and signature of the person applying for the permit and the name, mailing address, and location of the food establishment;

2. Information specifying whether the food establishment is owned by an association, corporation, individual, partnership, or other legal entity;

3. A statement specifying whether the food establishment:

(i) Is mobile or stationary and temporary or permanent, and

(ii) Is an operation that includes one or more of the following:

(I) Prepares, offers for sale, or serves time/temperature control for safety food:

I. Only to order upon a consumer's request,

II. In advance in quantities based on projected consumer demand and discards food that is not sold or served at an approved frequency, or,

III. Using time as the public health control as specified under 1200-23-01-.03(5)(a)9.

(II) Prepares time/temperature control for safety food in advance using a food preparation method that involves two or more steps which may include combining time/temperature control for safety food ingredients; cooking; cooling; reheating; hot or cold holding; freezing; or thawing;

(III) Prepares food as specified under item 3.(ii)(II) of this subparagraph for delivery to and consumption at a location off the premises of the food establishment where it is prepared;

(IV) Prepares food as specified under item 3.(ii)(II) of this subparagraph for service to a highly susceptible population;

(V) Prepares only food that is not time/temperature control for safety food, or

(VI) Does not prepare, but offers for sale only prepackaged food that is not time/temperature control for safety food;

4. The name, title, address, and telephone number of the person directly responsible for the food establishment;

5. The name, title, address and telephone number of the person who functions as the immediate supervisor of the person specified under 4. of this subparagraph such as the zone, district or regional supervisor;

6. The names, titles, and addresses of the persons comprising the legal ownership as specified under 2. of this subparagraph including the owners and officers;

7. A statement signed by the applicant that attests to the accuracy of the information provided in the application; and

8. Other information required by the department.

(f) New, Converted, or Remodeled Establishments. For food establishments that are required to submit plans as specified under 1200-23-01-.08(2)(a), the department shall issue a permit to the applicant after:

1. A properly completed application is submitted;

2. The required fee is submitted;

3. The required plans, specifications, and information are reviewed and approved; and

4. A preoperational inspection as specified in 1200-23-01-.08(2)(f) shows that the establishment is built or remodeled in accordance with the approved plans and specifications and that the establishment is in compliance with this Chapter.

(g) Existing Establishments and Change of Ownership. As applicable, the department may issue a permit to a new owner of an existing food establishment after an application is submitted, reviewed, and approved, and an inspection shows that the establishment is in compliance with this Chapter.

(h) Denial of Application for Permit, Notice. If an application for a permit to operate is denied, the department shall provide the applicant with a notice that includes:

1. The specific reasons and Chapter citations for the permit denial;

2. The actions, if any, that the applicant must take to qualify for a permit; and

3. Advisement of the applicant's right of appeal and the process and time frames for appeal that are provided in law.

(i) Responsibilities of the Permit Holder. Upon acceptance of the permit issued by the department, the permit holder in order to retain the permit shall:

1. Comply with the provisions of this Chapter including the conditions of a granted variance as specified under 1200-23-01-.08(1)(d)3., and approved plans as specified under 1200-23-01-.08(2)(b);

2. If a food establishment is required under 1200-23-01-.08(2)(c) to operate under a HACCP Plan, comply with the plan as specified under 1200-23-01-.08(1)(d)3.;

3. Immediately contact the department to report an illness of a food employee or conditional employee as specified under 1200-23-01-.02(2)(a)2.;

4. Immediately discontinue operations and notify the department if an imminent health hazard may exist as specified under 1200-23-01-.08(4)(d);

5. Allow representatives of the department access to the food establishment as specified under 1200-23-01-.08(4)(b);

6. Replace existing facilities and equipment specified in 1200-23-01-.08(1)(b) with facilities and equipment that comply with this Chapter if:

(i) The department directs the replacement because the facilities and equipment constitute a public health hazard or nuisance or no longer comply with the criteria upon which the facilities and equipment were accepted; or

(ii) The department directs the replacement of the facilities and equipment because of a change of ownership.

7. Comply with directives of the department including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the department in regard to the permit holder's food establishment or in response to community emergencies;

8. Accept notices issued and served by the department according to law;

9. Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this Chapter or a directive of the department, including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives;

10. Post the permit in a conspicuous manner as designated by the inspector at the time of inspection, and ensure that no person except an authorized representative of the department shall modify, remove, cover or otherwise make the permit less conspicuous; and

11. In the event of a lost, misplaced or destroyed permit, immediately apply for a duplicate and forward the fee with the application for a duplicate permit.

(j) A permit may not be transferred from one person to another person, from one food establishment to another, or from one type of operation to another if the food operation changes from the type of operation specified in the application as specified under 1200-23-01-.08(3)(e)3.

(4) Inspection and Correction of Violations

(a) Frequency.

1. Establishing Inspection Interval. Except as specified in parts 2. and 4. of this subparagraph, the department may inspect a food establishment at least once every 6 months.

2. The department may increase the interval between inspections beyond six months if:

(i) The food establishment is fully operating under an approved and validated HACCP plan as specified under 1200-23-01-.08(2)(d) and 1200-23-01-.08(1)(d)3.(i) and (ii);

(ii) The food establishment is assigned a less frequent inspection frequency based on a written risk-based inspection schedule that is being uniformly applied throughout the jurisdiction; or

(iii) The establishment's operation involves only coffee service and other unpackaged or prepackaged food that is not time/temperature control for safety food such as carbonated beverages and snack food such as chips, nuts, popcorn, and pretzels; or

(iv) The establishment is a farmers market food unit.

3. The department may periodically inspect throughout its permit period a temporary food establishment or farmers market food unit that prepares, sells, or services unpackaged time/temperature control for safety food and that has improvised rather than permanent facilities or equipment for accomplishing functions such as handwashing, food preparation and protection, food temperature control, ware washing, providing drinking water, waste retention and disposal, and insect and rodent control; or

4. Performance- and Risk-Based. - Within the parameters specified in (4)(a)-(c) of this paragraph, the department shall prioritize and conduct more frequent inspections based upon its assessment of a food establishment's history of compliance with this Chapter and the establishment's potential as a vector of foodborne illness by evaluating:

(i) Past performance, for nonconformance with this Chapter or HACCP plan requirements that are priority items or priority foundation items;

(ii) Past performance, for numerous or repeat violations of this Chapter or HACCP plan requirements that are core items;

(iii) Past performance, for complaints investigated and found to be valid;

(iv) The hazards associated with the particular foods that are prepared, stored, or served;

(v) The type of operation including the methods and extent of food storage, preparation, and service;

(vi) The number of people served; and

(vii) Whether the population served is a highly susceptible population.

(b) Access.

1. Allowed at Reasonable Times after Due Notice. After the department presents official credentials and provides notice of the purpose of, and an intent to conduct, an inspection, the person in charge shall allow the department to determine if the food establishment is in compliance with this Chapter by allowing access to the establishment, allowing inspection, and providing information and records specified in this Chapter and to which the department is entitled according to law, during the food establishment's hours of operation and other reasonable times.

2. Refusal, Notification of Right to Access, and Final Request for Access. If a person denies access to the department, the department shall inform the person that:

(i) The permit holder shall allow access to the department as specified under 1200-23-01-.08(4)(b)1.

(ii) Access is a condition of the acceptance and retention of a food establishment permit to operate as specified under 1200-23-01-.08(3)(i)5.,

(iii) If access is denied, an administrative warrant may be obtained according to law, and

(iv) A final request for access will be made.

3. Refusal, Reporting. If after the department presents credentials and provides notice as specified under 1200-23-01-.08(4)(b)1., explains the authority upon which access is requested, and makes a final request for access as specified in 1200-23-01-.08(4)(b)2., the person in charge continues to refuse access, the department shall provide details of the denial of access on an inspection report form.

4. Administrative Warrant to Gain Access: If denied access to a food establishment for an authorized purpose, and after complying with 1200-23-01-.08(4)(b)1.-1200-23-01-.08(4)(b)3., the department may issue an administrative warrant to gain access.

(c) Report of Findings.

1. Documenting Information and Observations. The department shall document on an inspection report form:

(i) Administrative information about the food establishment's legal identity, street and mailing addresses, type of establishment and operation as specified under 1200-23-01-.08(3)(e)3., inspection date, and other information such as type of water supply and sewage disposal, status of the permit, and personnel certificates that may be required; and

(ii) Specific factual observations of violative conditions or other deviations from this Chapter that require correction by the permit holder including:

(I) Failure of the person in charge to demonstrate the knowledge of foodborne illness prevention, application of HACCP principles, and the requirements of this Chapter as specified under 1200-23-01-.02(1)(b),

(II) Failure of food employees, conditional employees, and the person in charge to report a disease or medical condition as specified under 1200-23-01-.02(2)(a).

(III) Nonconformance with priority items or priority foundation items of this Chapter,

(IV) Failure of the appropriate food employees to demonstrate their knowledge of, and ability to perform in accordance with, the procedural, monitoring, verification, and corrective action practices required by the department as specified under 1200-23-01-.08(1)(d)3.,

(V) Failure of the person in charge to provide records required by the department for determining conformance with a HACCP plan as specified under 1200-23-01-.08(2)(d)4.(vi), and

(VI) Nonconformance with critical limits of a HACCP plan.

2. Specifying Time Frame for Corrections. The department shall specify on the inspection report form the time frame for correction of the violations as specified under 1200-23-01-.08(4)(e) and 1200-23-01-.08(4)(f)1.

3. Issuance of Report, Acknowledgment of Receipt and Posting. At the conclusion of the inspection:

(i) The department shall provide a copy of the completed inspection report and any notice to correct violations to the permit holder or to the person in charge, and request a signed acknowledgment of receipt; and

(ii) The permit holder shall post the most recent completed report in a conspicuous location on the premises.

4. Refusal to Sign Acknowledgment. The department shall:

(i) Inform a person who declines to sign an acknowledgment of receipt of inspectional findings as specified in 1200-23-01-.08(4)(c)3. that:

(I) An acknowledgment of receipt is not an agreement with findings,

(II) Refusal to sign an acknowledgment of receipt will not affect the permit holder's obligation to correct the violations noted in the inspection report within the time frames specified; and

(III) A refusal to sign an acknowledgment of receipt is noted in the inspection report and conveyed to the department's historical record for the food establishment; and

(ii) Make a final request that the person in charge or permit holder sign an acknowledgment of receipt of inspectional findings.

5. Public Information. Except as specified in 1200-23-01-.08(2)(e) the department shall treat the inspection report as a public document and shall make it available for disclosure to a person who requests it as provided by law.

(d) Imminent Health Hazard.

1. Ceasing Operations and Reporting.

(i) Except as specified in (ii) of this part, a permit holder shall immediately discontinue operations and notify the department if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health.

(ii) A permit holder need not discontinue operations in an area of an establishment that is unaffected by the imminent health hazard.

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

2. Resumption of Operations. If operations are discontinued as specified under 1200-23-01-.08(4)(e)1. or otherwise according to law, the permit holder shall obtain approval from the department before resuming operations.

(e) Violation of Priority Item or Priority Foundation Item.

1. Timely Correction.

(i) Except as specified in subpart (ii) of this part, a permit holder shall at the time of inspection correct a violation of a priority item or priority foundation item of this Chapter and implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit.

(ii) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the department may agree to or specify a longer time frame, not to exceed 10 calendar days after the inspection, for the permit holder to correct violations of a priority item or priority foundation item or HACCP plan deviations.

(iii) In the case of farmers market food units, all violations of priority items must be corrected immediately, whenever possible, and in any event within twenty-four (24) hours.

2. Verification and Documentation of Correction.

(i) After observing at the time of inspection a correction of a violation of a priority item or priority foundation item or a HACCP plan deviation, the department shall enter the violation and information about the corrective action on the inspection report.

(ii) As specified under 1200-23-01-.08(4)(e)1.(ii), after receiving notification that the permit holder has corrected a violation of a priority item or priority foundation item or HACCP plan deviation, or at the end of the specified period of time, the department may verify correction of the violation.

3. Farmers Market Food Units - Time Frame for Corrections.

(i) In the case of farmers market food units, all violations of priority items must be corrected immediately whenever possible, and in any event within twenty-four (24) hours. If violations are not corrected within twenty-four (24) hours, the farmers market food unit shall immediately cease operation until authorized to resume by the department.

(f) Core Violation.

1. Except as specified in part 2. of this subparagraph, the permit holder shall correct core items by a date and time agreed to or specified by the department but no later than 90 calendar days after the inspection.

2. The department may approve a compliance schedule that extends beyond the time limits specified under part 1. of this subparagraph if a written schedule of compliance is submitted by the permit holder and no health hazard exists or will result from allowing an extended schedule for compliance.

(g) Temporary Food Establishments - Time Frame for Correction. In the case of a temporary food establishment pursuant to 1200-23-01-.01(114), all violations shall be corrected within twenty-four (24) hours. If violations are not corrected within twenty four (24) hours, the establishment shall immediately cease food service operation until authorized to resume by the department.

(5) Prevention of Foodborne Disease Transmission by Employees

(a) Obtaining Information: Personal History of Illness, Medical Examination and Specimen Analysis. The department shall act when it has reasonable cause to believe that a food employee or conditional employee has possibly transmitted disease; may be infected with a disease in a communicable form that may be transmitted through food; may be a carrier of infectious agents that cause a disease that is transmissible through food; or is affected with a boil, an infected wound or an acute respiratory infection by:

1. Securing a confidential medical history of the food employee or conditional employee suspected of transmitting disease or making other investigations as deemed appropriate; and

2. Requiring appropriate medical examinations, including collection of specimens for laboratory analysis, of a suspected food employee or conditional employee.

(b) Restriction or Exclusion of Food Employee or Summary Suspension of Permit. Based on the findings of an investigation related to a food employee or conditional employee who is suspected of being infected or diseased, the department may issue an order to the suspected food employee, conditional employee or permit holder instituting one or more of the following control measures:

1. Restricting the food employee or conditional employee;

2. Excluding the food employee or conditional employee;

3. Closing the food establishment by summarily suspending a permit to operate in accordance with the law.

(c) Restriction or Exclusion Order: Warning or Hearing Not Required; Information Required in Order. Based on the findings of an investigation and to control disease transmission, the department may issue a summary order of restriction or exclusion to a suspected food employee or the permit holder without prior warning, a notice of hearing or a hearing if the order:

1. States the reasons for the restriction or exclusion;

2. States the evidence that the food employee or permit holder shall provide in order to demonstrate that the reasons for the restriction or exclusion are eliminated;

3. States that the suspected food employee or permit holder may request an appeal hearing by submitting a timely request within seven business days of the issuance of the order; and

4. Provides the name and address of the department representative to whom a request for appeal hearing may be made.

(d) Removal of Exclusions and Restrictions. The department shall release a food employee or conditional employee from restriction or exclusion upon a showing that the employee meets the conditions for reinstatement under Rule 1200-23-01-.02(2)(c).

(6) Reviews Following Inspection

(a) The inspection report shall state that failure to comply with any time limits specified by the department for correction may result in cessation of operation.

(b) The citation of a violation of a priority item may be reviewed, upon receipt of a written request submitted to the department within ten (10) calendar days following the date of the inspection report. If the tenth (10th) day falls on a weekend or state holiday, the first work day following shall be treated as the tenth (10th) day. The request for review shall identify the priority item(s) being reviewed. The final determination on the review shall be made by the Commissioner of Health or the Commissioner's designee in writing and within a reasonable time after receipt of the request for a review.

(c) The citation of a violation of a priority foundation item may also be reviewed upon the receipt of a written request submitted to the department within ten (10) calendar days following the date of the inspection report. If the tenth (10th) falls on a weekend or state holiday, the first work day following shall be treated as the tenth (10th) day. The request for review shall identify the priority foundation item(s) being reviewed. The decision of the department shall be final and made in writing within a reasonable time after receipt of the request for a review.

(d) In the event of an order of cessation of operation based upon the reviewed critical item(s), a request for a hearing may be made in writing to the Commissioner of Health received within ten (10) calendar days of the decision of the department. Except as otherwise provided by law, no action shall be taken regarding a closure on the critical item(s) under review or subject to a hearing pending the outcome of the hearing which shall be held pursuant to the Uniform Administrative Procedures Act.

(7) Permit Revocation

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

(b) Prior to revocation, the department 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 department within such ten-day period. If no request for hearing is filed within the ten-day period, the revocation of the permit becomes final.

(8) 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.

Tenn. Comp. R. & Regs. 1200-23-01-.08

Original rule filed April 17, 2015; effective July 16, 2015. Emergency rules filed April 9, 2024; effective through October 6, 2024. Amendments filed July 1, 2024; effective 9/29/2024.

Authority: T.C.A. §§ 68-14-701 through 68-14-726.