(a)

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Terms Used In Tennessee Code 68-14-317

  • Commissioner: means the commissioner of health, the commissioner's duly authorized representative, and in the event of the commissioner's absence or vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 68-14-302
  • Critical items: means those aspects of operation or conditions of facilities or equipment that, if in violation, constitute the greatest hazards to health and safety, including imminent health hazards. See Tennessee Code 68-14-302
  • Department: means the department of health. See Tennessee Code 68-14-302
  • Imminent health hazard: means any condition, deficiency, or practice that, if not corrected, is very likely to result in illness, injury, or loss of life to any person. See Tennessee Code 68-14-302
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) The completed inspection report shall specify a reasonable period of time for correction of violations found.
(2) 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.
(3) The correction of violations shall be accomplished within the time periods specified below:

(A) 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;
(B) 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;
(C) All other items shall be corrected as soon as possible, but no later than 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 § 68-14-316, 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.
(b) 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.
(c) 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.
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