Or. Admin. Code § 603-025-0535 - Closure of Food Establishment Whose Required Authorization Has Lapsed
(1) When the
department orders the closure of a food establishment whose required
authorization has lapsed, the department shall follow the procedures set forth
in this rule.
(2) As required by
ORS 561.300 and OAR 603-025-0510(5),
if a food establishment fails to renew a required authorization by the 30th
calendar day after it lapses, the department shall give notice to the food
establishment that a delinquent renewal penalty will be collected if the
required authorization fee is not paid before the 60th calendar day after the
authorization lapses.
(3) If a food
establishment fails to renew a required authorization by the 90th calendar day
after the authorization lapses, the department shall provide written notice to
the owner or operator that the authorization required for operating the food
establishment remains lapsed and that the food establishment is considered to
be operating without a license. The notice shall be mailed via certified mail
to the last-known address of the owner or operator on file with the department
or, if none, to the address of the food establishment.
(4) If a food establishment fails to renew
the required authorization within 30 days from the date on which the written
notice in section (3) of this rule is mailed, the department shall issue a
proposed order to close the food establishment. A proposed order to close a
food establishment issued under this section (4) is an order in contested case
and is subject to the applicable provisions of Oregon Revised Statutes chapter
183 and Oregon Administrative Rules chapter 137, division 3.
(5) A food establishment may request a
hearing on a proposed order to close the food establishment issued under
section (4) of this rule. Any hearing request must be in writing, must comply
with the applicable provisions of Oregon Administrative Rules chapter 137,
division 3, and must be received by the department within 10 calendar days of
the date on which the proposed closure order is mailed.
Notes
Statutory/Other Authority: ORS 616.697, ORS 616.695, ORS 632.705-632.815, ORS 619, ORS 621-622, ORS 624-625 & ORS 561.300
Statutes/Other Implemented: ORS 616.697 & ORS 183.745
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