Idaho Admin. Code r. 16.02.19.860 - REVOCATION OF LICENSE

Current through August 30, 2021

The regulatory authority may revoke the license issued to a food establishment when the license holder fails to comply with these rules or the operation of the food establishment is a hazard to public health. (7-1-21)T

01. Reasons a License May Be Revoked. (7-1-21)T
a. The license holder violates any term or condition in Section 8-304.11 of the 2013 Food Code. (7-1-21)T
b. Access to the facility is denied or obstructed by an employee, agent, contractor or other representative during the performance of the regulatory authority's duties. It is not necessary for the regulatory authority to seek an inspection order to gain access as permitted in Section 8-402.40 of the 2013 Food Code, before proceeding with revocation. (7-1-21)T
c. A public health hazard or critical violation remains uncorrected after being identified by the regulatory authority and an enforcement inspection confirms the violation or hazard still exists. See Section 850 of these rules on enforcement inspections. (7-1-21)T
d. A non-critical violation remains uncorrected after being identified by the regulatory authority and an enforcement inspection confirms the violation still exists. See Section 845 of these rules on verification and documentation of correction. (7-1-21)T
e. Failure to comply with any consent order issued after a compliance conference. See Section 861 of these rules on compliance conference. (7-1-21)T
f. Failure to comply with a regulatory authority's summary suspension order. See Section 831 of these rules on summary suspension of a license. (7-1-21)T
g. Failure to comply with an embargo order. See Section 851 of these rules on adulterated or misbranded food. (7-1-21)T
h. Failure to comply with a regulatory authority order issued when an employee is suspected of having a communicable disease. See Chapter 2 of the 2013 Food Code on employee health. (7-1-21)T
02. Notice to Revoke a License. The regulatory authority must notify the license holder of the food establishment in writing of the intended revocation of the license. See Section 861 of these rules for appeal process. The notice must include Subsections 860.02.a. through 860.02.c. of this rule: (7-1-21)T
a. The specific reasons and sections of the Idaho Food Code which are in violation and the cause for the revocation; and (7-1-21)T
b. The right of the license holder to request in writing a compliance conference with the regulatory authority within fifteen (15) days of the notice; and (7-1-21)T
c. The right of the license holder to appeal in writing to the Department of Health and Welfare. See Subsection 861.02 of these rules. (7-1-21)T
d. The following is sufficient notification of the license holder's appeal rights: "You have the right to request in writing a compliance conference with (name and address of designated health district official) within fifteen (15) days of the receipt of this notice. You may also appeal the revocation of your license to the Director of the Department of Health and Welfare by filing a written appeal with the Department as provided in IDAPA 16.05.03, "Contested Case Proceeding and Declaratory Rulings," within fifteen (15) days of the receipt of this notice, or if a timely request is made for a compliance conference and the matter is not resolved by a consent order, within five (5) working days following the conclusion of the compliance conference." (7-1-21)T
03. Effective Date of Revocation. The revocation will be effective fifteen (15) days following the date of service of notice to the license holder, unless an appeal is filed or a timely request for a compliance conference is made. If a compliance conference is requested and the matter is not resolved by a consent order, the revocation will be effective five (5) working days following the end of the conference, unless an appeal is filed with the Director of the Department of Health and Welfare within that time. See Section 861 of these rules for compliance conference, consent order and appeal process. (7-1-21)T

Notes

Idaho Admin. Code r. 16.02.19.860

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