18 AAC 31.905 - Permit suspension and establishment closure
(a) The
department may, without prior warning, notice, or hearing, suspend a permit and
require that the food establishment immediately stop operating if
(1) an imminent health hazard exists and no
immediate correction or containment that is acceptable to the department is
available;
(2) during an inspection
conducted under 18 AAC 31.900, the operator receives
(A) five or more risk factor or intervention
violations;
(B) four risk factor or
intervention violations and five or more good retail practice violations;
or
(C) three risk factor or
intervention violations and eight or more good retail practice
violations;
(3) a food
establishment is placed under a boil water notice under 18 AAC 80.635 because of
a violation of the maximum contaminant level for coliform bacteria, and the
operator fails to take the actions required by 18 AAC 31.500(e);
(4) the department advises the operator under
18 AAC 80 that one or more samples of the food establishment's public water
system are positive for fecal coliforms;
(5) the operator fails to comply with the terms
of a conditional permit issued under 18 AAC 31.021, including if
(A) each violation specified under 18 AAC
31.021 is not corrected on or before the date indicated on the conditional
permit ;
(B) the operator does not
make fee payments in compliance with a fee schedule established under 18 AAC
31.021; or
(C) drinking water plans
or wastewater plans submitted as required by 18 AAC 31.030 are not
approved ;
(6) multiple or
repeated violations of a requirement of this chapter occur;
(7) a risk factor or intervention violation is
not corrected within the time frame designated during an inspection conducted
under 18 AAC 31.900;
(8) during a
reinspection of a food establishment within a 12-month period, the department
notes on an inspection form, three or more risk factor or intervention
violations;
(9) the operator or an
employee interferes with a department employee or agent in the performance of
official duties; or
(10) the
department believes that a food establishment or an employee might be the source
of a foodborne illness.
(b) The department may, without prior warning,
notice, or hearing, issue a notice of closure to a food establishment and require
that the food establishment immediately stop operating if a person is operating a
food establishment without a valid permit issued under 18 AAC 31.020.
(c) If the department requires a food
establishment to stop operating under (a) or (b) of this section, the operator
may not resume operating until
(1) a
reinspection shows that the conditions that caused the stoppage no longer exist;
the department may, if public health is protected and the purpose of this chapter
is otherwise satisfied, accept a written agreement with the operator that
establishes a schedule for correcting deficiencies that cannot reasonably be
corrected before the scheduled reinspection; and
(2) the operator has implemented a food safety
management system, including appropriate written standard operating procedures
and self-assessments, as specified at 18 AAC 31.902.
(d) If the department requires a food
establishment to stop operating under (a) or (b) of this section, the department
will order affixed a notice at the food establishment in a place conspicuous to
the public that indicates the establishment is closed. The notice may only be
removed by the department or by the operator with the department 's written
consent.
(e) After the department
suspends a permit or issues a notice of closure, the operator may request an
informal review under 18 AAC 15.185 or may request an adjudicatory hearing under
AS 44.62 (Administrative Procedure Act). An adjudicatory hearing is requested by
submitting a request for hearing to the commissioner not later than 30 days after
the issuance by the department of the notice of suspension or closure. If a
timely request for an adjudicatory hearing is received. the commissioner will
refer the matter to 35 the office of administrative hearings (AS 44.64.010) for a
hearing and recommended decision under 2 AAC 64.100 - 2 AAC 64.990 to the
commissioner or to the commissioner's designee if the designee is a person other
than the person who issued the contested decision.
Notes
Authority:AS 17.20.005
AS 17.20.010
AS 17.20.020
AS 17.20.072
AS 17.20.180
AS 44.46.020
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