33-2-407 - Suspension or revocation of license Civil penalties. - Tennessee Statutes

33-2-407. Suspension or revocation of license Civil penalties.

(a)  The department may suspend or revoke a license on the following grounds:

     (1)  A violation of this title or rules adopted under this title;

     (2)  Permitting, aiding or abetting the commission of any illegal act during a licensed service or in a licensed facility;

     (3)  Conduct or practice found by the department to be detrimental to the welfare of the service recipients of a licensed service or facility; or

     (4)  Abuse, misappropriation of property or neglect.

(b)  The department may impose a civil penalty on a licensee for a violation of this title or a department rule. Each day of a violation constitutes a separate violation. The department shall establish by rule a schedule designating the minimum and maximum civil penalties within the ranges set in § 33-2-409 that may be assessed under this part for violation of each statute and rule that is subject to violation. The department may exclude a statute or rule from the schedule if it determines that a civil penalty for violation of that statute or rule would not achieve the purposes of licensure. If the department has not adopted a rule designating the minimum and maximum civil penalty that may be assessed for violation of a statute or rule, the maximum civil penalty that may be imposed for violation of that statute or rule shall be the lowest figure set under the appropriate subsection of § 33-2-409 that applies to the violation.

(c)  (1)  The procedure governing the suspension or revocation of a license or imposition of a civil penalty shall be as prescribed in this subsection (c).

     (2)  A complaint shall be filed by the department stating facts constituting a ground or grounds for the proposed action.

     (3)  If the department determines that a license should be suspended or revoked, a civil penalty imposed, or both, it shall so notify the licensee. Within fifteen (15) days of notification, the licensee may file a written request for review by the panel appointed under § 33-2-403(d). The review shall be at the earliest possible date, and the panel shall report its recommendations to the commissioner. The commissioner shall determine whether the original action shall remain effective and shall notify the licensee. Within fifteen (15) days of notification, the licensee may file a written request for a hearing before the department. The hearing shall be conducted under the Uniform Administrative Procedures Act, complied in title 4, chapter 5.

     (4)  The department may determine after the hearing that the license be suspended or revoked, that a civil penalty be imposed, or that no action be taken.

     (5)  If the department determines that a license should be suspended, the department may also set the conditions to be met by the licensee during the period of suspension to entitle the licensee to resume operation of the service or facility.

     (6)  If the department determines that a license should be suspended or revoked, a civil penalty should be imposed, or both, the department shall enter an order stating the grounds for the action.

     (7)  The department may, after a hearing, hold a case under consideration and specify requirements to be met by a licensee to avoid either suspension, revocation, or civil penalty. In those cases, the department shall enter an order accordingly and notify the licensee by certified mail. If the licensee complies with the order and proves that fact to the satisfaction of the department, the department shall enter an order showing satisfactory compliance and dismiss the case because of compliance.

(d)  If a civil penalty lawfully imposed under this part is not paid, the penalty shall be recoverable in the name of the state by the attorney general and reporter in the chancery court of Davidson County or by legal counsel for the department in the chancery court of the county in which all or part of the violation occurred.

[Acts 1978, ch. 853, § 7; 1981, ch. 436, § 4; T.C.A., § 33-1807; Acts 1989, ch. 559, § 3; T.C.A., § 33-2-507; Acts 2000, ch. 947, § 1; 2003, ch. 103, § 2.]