Rule 511-6-2-.20. Compliance Procedures.

Georgia Administrative Code

Department 511. RULES OF GEORGIA DEPARTMENT OF PUBLIC HEALTH

Chapter 511-6. FOOD AND LODGING ESTABLISHMENTS

Subject 511-6-2. TOURIST ACCOMMODATIONS

Current through Rules and Regulations filed through July 30, 2020

Rule 511-6-2-.20. Compliance Procedures

(1) Summary Suspension of Permits. The Health Authority shall have the power and authority to summarily suspend a permit if the owner or operator refuses to allow the Health Authority to enter upon and inspect the premises of the tourist accommodation at any reasonable time and in a reasonable manner, or if any part of the tourist accommodation presents an imminent health hazard to members of the public, including but not limited to (i) an unapproved or improperly functioning wastewater disposal system, (ii) an infestation of insects, rodents, or other vermin, or (iii) an unapproved water supply or inadequate water system.
(a) A summary suspension shall be made in writing and shall be effective immediately upon receipt by the owner or operator, and operation of the tourist accommodation must cease immediately. If neither the owner nor operator can be found, notification is achieved by tacking the notice to the front door of the tourist accommodation and mailing a copy to the owner or operator. The notice of suspension shall state the violations that justify summary suspension, and the corrective action that must be taken in order for the summary suspension to be lifted.
(b) The owner or operator may seek review of the summary suspension by written request to the District Health Director. The matter shall be heard by the District Health Director, or a supervisory level employee designated by the District Health Director who was not personally involved in the inspection, acting as a review official. The Health Authority shall make every effort to arrange a hearing within 72 hours of the request.
(c) The hearing shall be conducted informally and without application of the rules of evidence. Both the Environmental Health personnel and the owner or operator shall be given an opportunity to present any arguments or evidence in support of their positions. The review official may uphold the summary suspension, or may modify or lift the suspension on such conditions as may be appropriate.
(d) The owner may request a hearing under this subsection without prejudice to its right to pursue an appeal to the Department pursuant to O.C.G.A. § 31-5-3.
(2) Partial closure or restricted access. The Health Authority shall be authorized to close or restrict access to any area of the premises found in violation of a critical item under Areas of Critical Public Health Risk on the Tourist Accommodation Inspection Record or that may be determined by the Health Authority to be an imminent health hazard to the public. Such area shall be closed until the violations have been corrected or imminent health hazards abated as determined by the Health Authority.
(a) Closure and restriction actions must be recorded on an inspection record, identifying the problem and the corrective actions to be taken by the permit holder or person in charge; and
(b) The date and time the violation was noted, and the expected date of correction to be completed must be recorded on the inspection record as well.
(c) Considering the nature and the complexity of the corrective action or plan for correction required, the Health Authority may specify that the permit holder obtain the services of an appropriate licensed professional to correct a violation or imminent health hazard. Then, the operator must submit a plan of correction developed by the professional for review by the Health Authority. Upon completion of the corrective action, a letter of verification signed by the appropriate professional must be submitted before scheduling a re-inspection as specified in subsection(2)(d) of this Rule. Failure to comply with these actions may led to an enforcement action outlined in subsection (1)(a) of this Rule.
(d) At its discretion, the Health Authority shall have the authority to direct the permit holder or person in charge to relocate tourists to another location within the tourist accommodation. If such action is taken, the Health Authority will provide a detailed explanation of such action on the inspection report form, and a re-inspection of the vacated area by the Health Authority will be required before tourists are permitted to return to locations from which they had been previously removed.
(3) Suspension or Revocation of Permits. The Health Authority shall have the power and authority to suspend or revoke a permit if the owner or operator of a tourist accommodation is unwilling or unable to comply with these regulations, the regulations of the local Health Authority, or the provisions of O.C.G.A. Title 31-28-1 et seq.
(a) An owner or operator shall be presumed unwilling or unable to comply if he or she refuses to allow the Health Authority to enter upon and inspect the premises of the tourist accommodation at any reasonable time and in a reasonable manner, or if any critical violation is found to be uncorrected upon the third consecutive inspection, or upon continuous violation of other rules in the chapter.
(b) The revocation of a permit may be appealed to the Department of Public Health in accordance with O.C.G.A. Section 31-5-3 by sending written notice, by certified mail or statutory overnight delivery, addressed to the Department of Public Health, Office of General Counsel, with a copy to the Health Authority official that revoked the permit. Within ten days of receiving the notice, the Health Authority shall provide the Department with a copy of its entire file on the inspections and actions that led to the revocation of the permit. The Department shall schedule a hearing within 20 days of receiving the notice, and shall decide the matter upon the arguments of the parties and the administrative record.
(4) Voluntary Closure. In lieu of suspension or revocation of a permit, the Health Authority may in its discretion allow a tourist accommodation to voluntarily close all or part of the premises until such time as violations are corrected, and upon such additional restrictions as it may deem appropriate.
(5) Resumption of Operations. If operations of a tourist accommodation are discontinued due to the order or action of the Health Authority, then the permit holder shall obtain approval from the Health Authority before resuming operations.

Cite as Ga. Comp. R. & Regs. R. 511-6-2-.20

Authority: O.C.G.A. §§ 31-2A-6, 31-5-3, and 31-28-5.

History. Original Rule entitled "Compliance Procedures" adopted. F. Jul. 16, 2013; eff. Jan. 1, 2014, as specified by the Agency.