Article 3. Permit Suspension Or Revocation of California Health And Safety Code >> Division 104. >> Part 7. >> Chapter 13. >> Article 3.
(a) A permit may be suspended or revoked by a local
enforcement officer for a violation of this part. Any food facility
or cottage food operation for which the permit has been suspended
shall close and remain closed until the permit has been reinstated.
Any food facility or cottage food operation for which the permit has
been revoked shall close and remain closed until a new permit has
been issued.
(b) Whenever a local enforcement officer finds that a food
facility or cottage food operation is not in compliance with the
requirements of this part, a written notice to comply shall be issued
to the permitholder. If the permitholder fails to comply, the local
enforcement officer shall issue to the permitholder a notice setting
forth the acts or omissions with which the permitholder is charged,
and informing him or her of a right to a hearing, if requested, to
show cause why the permit should not be suspended or revoked. A
written request for a hearing shall be made by the permitholder
within 15 calendar days after receipt of the notice. A failure to
request a hearing within 15 calendar days after receipt of the notice
shall be deemed a waiver of the right to a hearing. When
circumstances warrant, the hearing officer may order a hearing at any
reasonable time within this 15-day period to expedite the permit
suspension or revocation process.
(c) The hearing shall be held within 15 calendar days of the
receipt of a request for a hearing. Upon written request of the
permitholder, the hearing officer may postpone any hearing date, if
circumstances warrant the action.
The hearing officer shall issue a written notice of
decision to the permitholder within five working days following the
hearing. In the event of a suspension or revocation, the notice shall
specify the acts or omissions with which the permitholder is
charged, and shall state the terms of the suspension or that the
permit has been revoked.
(a) If any imminent health hazard is found, unless the
hazard is immediately corrected, an enforcement officer may
temporarily suspend the permit and order the food facility or cottage
food operation immediately closed.
(b) Whenever a permit is suspended as the result of an imminent
health hazard, the enforcement officer shall issue to the
permitholder a notice setting forth the acts or omissions with which
the permitholder is charged, specifying the pertinent code section,
and informing the permitholder of the right to a hearing.
(c) At any time within 15 calendar days after service of a notice
pursuant to subdivision (b), the permitholder may request in writing
a hearing before a hearing officer to show cause why the permit
suspension is not warranted. The hearing shall be held within 15
calendar days of the receipt of a request for a hearing. A failure to
request a hearing within 15 calendar days shall be deemed a waiver
of the right to a hearing.
The enforcement agency may, after providing opportunity for
a hearing, modify, suspend, or revoke a permit for serious or
repeated violations of any requirement of this part or for
interference in the performance of the duty of the enforcement
officer.
A permit may be reinstated or a new permit issued if the
enforcement agency determines that the conditions that prompted the
suspension or revocation no longer exist.