36-508. Annual inspections by secretary; noncompliance, notice; remedial action; suspension or revocation, hearing.

36-508

Chapter 36.--HOTELS, LODGINGHOUSES AND RESTAURANTS Article 5.--FOOD SERVICE AND LODGING ESTABLISHMENTS

      36-508.   Annual inspections by secretary; noncompliance, notice;remedial action; suspension or revocation, hearing.The secretary shall inspect or cause to be inspected, at least onceannually, every food service establishment in this state. For such inspectionsthe secretary or thesecretary's lawfulagent shall have theright of entry and access thereto, at any reasonable time. Whenever, uponinspection, it shall be determined that anyestablishment does not comply with the applicablestandards promulgated by the rules and regulations of the secretary, itshall be the duty of the secretary to give written notice to the owner,proprietor oragent in charge of such establishment of thechanges or alterations necessary to effect a complete compliance with suchstandards. Such notice shall provide that theestablishment shall be brought into compliance with the applicablestandards within a period of time specified in the notice, which shall benot less than 10 days, except that a shorter period of time forcompliance may be provided in the notice whenever the secretary believesit essential to protect the public health andsafety. Such notice also shall state that if compliance with the applicablestandards is not effected within the time prescribed, the license for suchestablishment shall be subject to suspension orrevocation. The licensee of any establishment, forwhich a notice of noncompliance is given pursuant to this section, mayapply to the secretary for an extension of the time prescribed in thenotice for compliance with the applicable standards. Upon review of anysuch application, the secretary may grant or deny such application or modifythe provisions of any such notice with respect to the timefor compliance with any of the particulars stated therein. Uponreinspection of any establishment for which anotice of noncompliance has been issued pursuant to this section, if suchestablishment is found to be in noncompliance withthe applicable standards promulgated pursuant tothis act, the secretary may determine to suspend or revoke the licenseissued for such establishment. In such event, thesecretary shall send written notice to the licensee that the license forsuch establishment will be suspended or revoked,effective 20 days after the date such notice is sent, unlesswithin such time the licensee files with the secretary a written requestfor a hearing on the proposed suspension or revocation. All hearings pursuantto this section shall be conducted in accordance with the provisions ofthe Kansas administrative procedure act.

      History:   L. 1975, ch. 314, § 12;L. 1984, ch. 313, § 59;L. 1993, ch. 196, § 3; July 1.