010-2 Wyo. Code R. §§ 2-15 - Summary Suspension

(a) The regulatory authority may summarily suspend a license to operate a public swimming pool, spa or similar installation if it determines through inspection, water quality testing, records, or other authorized means, or after consultation with the state health officer, that an imminent health or safety hazard exists including, but not limited to, fire, flood, extended interruption of electrical or water service, sewage backup, or waterborne illness or disease.

(i) The regulatory authority may summarily suspend a license by providing written notice of the summary suspension to the license holder or the person in charge without prior warning, notice of a hearing, or a hearing.

(ii) A summary suspension notice shall state:

(A) That the license is immediately suspended and that all operations shall immediately cease;

(B) The reasons for summary suspension with reference to the provisions of these Regulations being violated;

(C) The type of imminent threat to the public health that may be caused by the violation;

(D) The name and address of the regulatory authority representative to whom notice for reinspection may be made and who may certify that reasons for the suspension are eliminated;

(E) The license holder may request a contested case hearing within five (5) business days of the summary suspension. The regulatory authority shall hold a hearing, if requested, within ten (10) business days of the summary suspension; and

(F) The regulatory authority shall provide the name and address of the regulatory authority representative to whom a request for a contested case hearing may be made.

(iii) The regulatory authority shall conduct a reinspection of the public swimming pool, spa or similar installation for which the license was summarily suspended within forty-eight (48) hours after receiving notice from the license holder stating that the conditions cited in the summary suspension order no longer exist.

(iv) A summary suspension shall remain in effect until the conditions cited in the notice of suspension no longer exist and their elimination has been confirmed by the regulatory authority through reinspection and other means as appropriate or until a court of competent jurisdiction otherwise orders.

(v) The suspended license shall be reinstated immediately if the regulatory authority determines that the imminent health or safety hazard no longer exists. A notice of reinstatement shall be provided to the license holder or person in charge.

Notes

010-2 Wyo. Code R. §§ 2-15