Tennessee § 68-14-307 - Suspension of permits.

§ 68-14-307. Suspension of permits.

The commissioner has the authority to suspend any permit to operate a hotel or public swimming pool issued pursuant to this part, if the commissioner has reasonable cause to believe that the permittee is not in compliance with this part; provided, that the permittee shall be given the opportunity to correct violations as provided in § 68-14-317. There shall be two (2) types of suspensions as follows: A Class 1 suspension with an opportunity for a hearing prior to the effective date of the suspension; and A Class 2 suspension to be effective immediately with an opportunity for a hearing after the effective date of the suspension. Notice of either type of suspension may be given by the inspector on the inspector's regular inspection form or by written notification from the commissioner. When a permit suspension is effective, all operations shall cease. Such suspensions may only be made if an imminent health hazard exists. A written request for a hearing on either type of suspension shall be filed by the permittee within ten (10) days of the receipt of notice. This ten-day period may run concurrently with the ten-day period set forth in § 68-14-317(b). If a hearing is requested, it shall commence within a reasonable time of the request. If no request for a hearing is made within ten (10) days of the receipt of notice, the suspension becomes final and is not subject to review. The commissioner may end the suspension at any time if reasons for the suspension no longer exist. Acts 1985, ch. 171, § 10; 2013, ch. 182, § 27. Compiler's Notes. For the table of disposition regarding the transfers and amendments made by Acts 2013, ch. 182, effective July 1, 2015, please see the Compiler’s Notes under § 68-14-301 . Amendments. The 2013 amendment, effective July 1, 2015, in (a), deleted “, food service establishment” following “operate a hotel” and substituted “§ 68-14-317 ” for “§ 68-14-318 ” at the end; added present (b); redesignated former (b)-(d) as present (c)-(e), respectively; rewrote present (c) which read: “Suspension of permits, other than those for temporary food service establishments, shall be of two (2) types, one (1) with an opportunity for a hearing prior to the effective time, and one (1) to be effective immediately with an opportunity for a hearing afterward. Notice of either type of suspension may be given by the inspector on the inspector's regular inspection form or by letter from the commissioner. When a permit suspension is effective, all operations shall cease. Suspensions to be effective immediately upon receipt of notice prior to any hearing may only be made if an imminent health hazard exists.”; in present (d), substituted “the receipt of notice” for “receipt of notice” in the first and last sentences, substituted “§ 68-14-317 (b)” for “§ 68-14-318 (b)” at the end of the second sentence; substituted “shall commence” for “shall be commenced” in the penultimate sentence, and substituted “is not subject to review” for “not subject to review” at the end; and inserted “the” preceding the second instance of “suspension” in present (e). Effective Dates. Acts 2013, ch. 182, § 50. July 1, 2015; provided, that, for rulemaking purposes, the act shall take effect April 23, 2013.