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217.126 Denial, suspension, or revocation of permit.

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Page 1 of 1 217.126 Denial, suspension, or revocation of permit. (1) The cabinet shall suspend the permit to operate a retail food establishment immediately upon notice to the permit holder without a conference when: <br>(a) An inspection of an establishment reveals that any of the following conditions are present: <br>1. Sewage is standing in the food preparation, food storage, utensil <br>washing, or storage areas; 2. Gross rodent or insect activity exists resulting in contamination of food <br>or food equipment; 3. The water supply is contaminated or cut off with no approved alternative <br>plan; 4. The establishment is operating in blatant disregard for safe cooking or <br>holding temperatures for potentially hazardous foods; or 5. There is an infiltration of toxic or noxious gases, dust, or other irritants <br>or contaminants causing apparent illness of employees or patrons; or (b) The permit holder or authorized agent has interfered, as defined in KRS 217.015(25), with the cabinet in the performance of its duties, after its agents <br>have duly and officially identified themselves and the interference has been <br>verified by the inspector's supervisor; (c) An inspection of an establishment reveals a rating score of less than sixty (60); or (d) An inspection reveals that an imminent health hazard as defined in KRS 217.015(24) still exists and the hazard has been verified by the agent's <br>supervisor. (2) In all other instances not covered by subsection (1) of this section, after notice to the applicant or holder of a permit to operate and after an opportunity for a hearing as <br>provided by administrative regulations of the secretary, the cabinet or local health <br>department concerned may deny, suspend, or revoke a permit to operate in any case <br>where it finds that there has been a failure to comply with the requirements of KRS <br>217.005 to 217.215 or the administrative regulations of the secretary. Any <br>administrative hearing conducted under this section shall be conducted in <br>accordance with KRS Chapter 13B. Effective: July 15, 1998 <br>History: Amended 1998 Ky. Acts ch. 297, sec. 2, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 123, effective July 15, 1996. -- Created 1990 Ky. Acts <br>ch. 458, sec. 3, effective July 13, 1990.