Section 427:23 Revocation or Suspension of Inspection Service.
I. The commissioner may for a period of time or indefinitely, as he deems necessary to effectuate the purposes of this subdivision, refuse to provide or withdraw inspection service under RSA 427:2-17 with respect to any establishment if he determines, after opportunity for a hearing is accorded to the applicant for or recipient of such service, that such applicant or recipient is unfit to engage in any business requiring inspection under RSA 427:2-17 because the applicant or recipient, or anyone responsibly connected with the applicant or recipient, has been convicted in any federal or state court of:
(a) Any felony, or
(b) More than one violation of any law, other than a felony, based upon the acquiring, handling, or distributing of unwholesome, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food.
II. This section shall not affect in any way other provisions of this subdivision for withdrawal of inspection service under RSA 427:2-17 from establishments failing to maintain sanitary conditions or to destroy condemned carcasses, parts, meat or meat food products.
III. For the purpose of this section, a person shall be deemed to be responsibly connected with the business if he is a partner, officer, director, holder or owner of 10 percent or more of its voting stock or employee in a managerial or executive capacity.
IV. The determination and order of the commissioner with respect to responsible business connections under this section shall be final and conclusive, unless the affected applicant for or recipient of inspection service files application for judicial review within 30 days after the effective date of such order in the appropriate court as provided in RSA 427:26. Judicial review of any such order shall be upon the record upon which the determination and order are based.
Source. 1985, 72:1, eff. July 1, 1985.