Md. Code Regs. 10.15.03.35 - Enforcement Procedures

A. The approving authority shall ensure that when a food service facility is found in violation of any provision of this chapter, the licensee is notified:

(1) Of the specific findings;

(2) Of a specific date by which the licensee shall correct the violations or deficiencies; and

(3) That, if the licensee fails to correct the violation by the date specified, the approving authority may suspend or revoke the license.

B. When a person is violating any provision of this chapter, the approving authority may serve the person with a written order pursuant to Health-General Article, §21-318 or 21-261, Annotated Code of Maryland, directing the person to abate the violation within a specified time period.

C. When an inspection indicates that an immediate and substantial danger to public health exists and requires emergency action at a facility operated by an excluded organization, the approving authority may seek injunctive relief as provided in Health-General Article, §§21-1214 and 21-1215, Annotated Code of Maryland.

D. The approving authority shall ensure that an opportunity for a hearing is provided to a person served with an order, pursuant to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

E. In order to preserve a right to a hearing under any provision of this regulation, a person shall:

(1) Make a request for a hearing in writing; and

(2) Submit the request to the approving authority that issued the order or inspection report:

(a) Within 10 days of receipt of the order;

(b) Sooner if specified in the order; or

(c) Within 24 hours if:

(i) The violation requires immediate correction or correction within 24 hours; or

(ii) The facility is a temporary food service facility.

F. The approving authority shall suspend or revoke the license of a food service facility if the licensee fails or neglects to:

(1) Correct a violation within the specified time period;

(2) Comply with an approved written schedule of compliance;

(3) Correct a critical item immediately; or

(4) Correct a violation in a temporary food service facility within 24 hours.

G. The approving authority shall ensure that an action to suspend or revoke a license:

(1) Complies with the provisions of:

(a) State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland; and

(b) Health-General Article, §21-315, Annotated Code of Maryland; and

(2) The person against whom the action is contemplated is given an opportunity for a hearing in accordance with Health-General Article, §21-316, Annotated Code of Maryland.

H. When an immediate and substantial danger is found to exist to public health, safety, or welfare that imperatively requires emergency action, pursuant to State Government Article, § 10-226(c)(2), Annotated Code of Maryland, the:

(1) Approving authority shall:

(a) Summarily suspend the license at a food service facility;

(b) Order the food service facility to cease operation immediately; and

(c) Promptly provide the licensee with:

(i) A written notice of suspension of the license;

(ii) The reasons for the suspension; and

(iii) An opportunity to be heard; and

(2) Person-in-charge shall immediately cease the operation of the food service facility.

I. The person-in-charge shall ensure that a food service facility that has been required under the provisions of this regulation to cease operations does not resume operations until a reinspection by the approving authority shows that the condition or conditions responsible for the requirement to cease operations no longer exists.

J. The approving authority shall ensure that appropriate steps are taken to ensure that the licensee ceases operation of the food service facility upon suspension or revocation of the license, including:

(1) Taking and keeping physical possession of the license until the license is reinstated;

(2) Posting a sign on the facility door stating that the license has been suspended or revoked by the approving authority; or

(3) Taking another measure within the law that will ensure that the facility does not operate.

K. A person whose food service facility license has been suspended or revoked may apply for reinspection and reinstatement of the license by submitting to the approving authority a written request that details the actions taken by the person to correct each violation of a food statute or regulation that caused the suspension or revocation.

Notes

Md. Code Regs. 10.15.03.35

Regulations .35 adopted effective December 17, 2007 (34:25 Md. R. 2211)