53-8-209 - Permits Suspension.
53-8-209. Permits Suspension.
(a) The commissioner has the authority to suspend any permit to operate a retail food store issued pursuant to this part, if the commissioner has reasonable cause to believe that the permittee is not in compliance with this part; provided, that the permittee shall be given opportunity to correct violations as provided in § 53-8-217.
(b) Suspension of permits shall be of two (2) types, one (1) with opportunity for a hearing prior to the effective time, and one (1) to be effective immediately with opportunity for a hearing afterward.
(c) Notice of either type of suspension may be given by the inspector on the inspector's regular inspection form or by letter from the commissioner.
(d) When a permit suspension is effective, all operations must cease.
(e) Suspensions to be effective immediately upon receipt of notice prior to any hearing may only be made if an imminent health hazard exists.
(f) A written request for a hearing on either type of suspension shall be filed by the permittee within ten (10) days of receipt of notice. This ten-day period may run concurrently with the ten-day period set forth in § 53-8-217(a)(2).
(g) If a hearing is requested, it shall be commenced within a reasonable time of the request. If no request for a hearing is made within ten (10) days of receipt of notice, the suspension becomes final and not subject to review.
(h) The commissioner may end the suspension at any time if reasons for suspension no longer exist.
[Acts 1986, ch. 633, § 10.]