Tennessee § 68-14-317 - Correction of violations.

§ 68-14-317. Correction of violations.

The completed inspection report shall specify a reasonable period of time for correction of violations found. If, after the first reinspection, the item or items noted in violation remain in violation, according to the inspection report, the department shall provide for the supervisor of the employee making the prior inspections to accompany the employee for the second and any subsequent reinspections required for the same continuing item or items in violation. The correction of violations shall be accomplished within the time periods specified below: If an imminent health hazard exists, sewage back-up into the facility, or contaminated water supply, the facility shall immediately cease operations until authorized to reopen by the commissioner; All violations of critical items shall be corrected as soon as possible and in any event within ten (10) days following inspection. A follow-up inspection may be made for confirmation; All other items shall be corrected as soon as possible, but no later than the time of the next routine inspection; When the overall rating score of any facility is less than seventy (70) on forms prepared pursuant to § 68-14-316, the facility shall initiate corrective action on all identified violations within forty-eight (48) hours. One (1) or more inspections shall be conducted at reasonable intervals to assure correction. The inspection report shall state that failure to comply with any time limits specified by the commissioner for correction may result in cessation of operations. An opportunity for a hearing on the ordered corrective action shall be provided if a written request is filed with the commissioner within ten (10) days following cessation of operations. If a request for a hearing is received, a hearing shall be held within a reasonable time after receipt of the request. Whenever a facility is required under this section to cease operations, it shall not resume operations until it is shown on reinspection that conditions responsible for the order to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time. Acts 1985, ch. 171, § 21; 1988, ch. 1015, §§ 2, 3; 1989, ch. 262, §§ 2-4; 2013, ch. 182, § 33; T.C.A. § 68-14-318 . Compiler's Notes. Former § 68-14-317 was transferred to § 68-14-316 by Acts 2013, ch. 182, § 32, effective July 1, 2015. 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, transferred former § 68-14-318 to this section; and, in (a), inserted commas in (2), and rewrote (3) which read: “(3) Correction of violations shall be accomplished within the period specified in accordance with the following:“(A) If an imminent health hazard exists, such as complete lack of refrigeration, sewage back-up into the facility, contaminated water supply, or inability to sanitize dishes and silverware, the facility shall immediately cease operations until authorized to reopen by the commissioner;“(B) All violations of critical items shall be corrected as soon as possible and in any event within ten (10) days following inspection. Within fifteen (15) days after inspection, the permittee shall notify the commissioner stating that critical item violations have been corrected. A follow-up inspection may be made for confirmation;“(C) All other items should be corrected as soon as possible, but in any event by the time of the next routine inspection;“(D) When the overall rating score of any facility is less than seventy (70) on forms prepared pursuant to § 68-14-317 , the facility shall initiate corrective action on all identified violations within forty-eight (48) hours. One (1) or more inspections shall be conducted at reasonable intervals to assure correction; and“(E) In the case of temporary food service establishments, 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 operations until authorized to resume by the commissioner.” Effective Dates. Acts 2013, ch. 182, § 50. July 1, 2015; provided, that, for rulemaking purposes, the act shall take effect April 23, 2013.