2019 Tennessee Code
Title 68 - Health, Safety and Environmental Protection
Health
Chapter 14 - Hotels, Food Service Establishments and Swimming Pools
Part 7 - Tennessee Food Safety Act
§ 68-14-708. Suspension of permit.

(a) The commissioner has the authority to suspend any permit to operate a food service establishment 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 § 68-14-709.

(b) Suspension of permits, other than those for temporary food service establishments shall be of two (2) types:

• (1) A Class 1 suspension, which provides an opportunity for a hearing prior to the effective date of the suspension; and

• (2) A Class 2 suspension, which provides an opportunity for a hearing after the effective date of the suspension, and is effective immediately.

(c) 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. Class 2 suspensions shall only be issued if an imminent health hazard exists.

(d) 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 § 68-14-709. If a hearing is requested, it shall be commenced 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.

(e) The commissioner may end the suspension at any time if reasons for suspension no longer exist.