1. (1) During its routine inspections, investigations, surveys or other required regulatory activities in the enclosed public places under its jurisdiction or in response to complaints of violations of the Act occurring in any of those enclosed public places, the Department shall document and collect necessary information on any of the following listed violations of the Act:

   1. (a) Any persons knowingly smoking in a place where it is prohibited; or

   2. (b) Any owners, managers, operators or persons who otherwise control a public place who knowingly fail to do any of the following:

      1. 1. Communicate the smoking prohibition to existing and prospective employees. For purposes of enforcement of this rule, the existence of a written policy, handout or statement for distribution to all employees and prospective employees or a sign posted in any area(s) necessarily frequented by all employees either or both of which communicates the smoking prohibition constitutes compliance; and/or
      2. 2. Post no smoking sign or the universal no smoking symbol at every entrance to the public place as required by T.C.A. § 39-17-1805 and rule 1200-32-01-.03; and/or
      3. 3. Either themselves or through their employees inform any person violating the Act of the appropriate provisions of the law.

Authority: T.C.A. §§ 39-17-1803, 39-17-1805, 39-17-1806 and 39-17-1811. Administrative History: Public necessity rule filed September 28, 2007; effective through March 11, 2008. Original rule filed December 27, 2007; effective March 11, 2008.