18 AAC 31.021 - Permit: conditional

(a) The department will issue a conditional permit if the department determines that a conditional permit serves the interests of public health and consumer protection, and if

(1) for a new or extensively remodeled food establishment, the initial evaluation or plan review indicates

(A) the establishment is not in compliance with this chapter;

(B) a risk factor or intervention violation or imminent health hazard does not exist; and

(C) the operator agrees to correct violations within a specified period of time in accordance with 18 AAC 31.900;

(2) for an existing facility, a letter of agreement, negotiated order, compliance order, uniform summons and complaint, or other enforcement and compliance action has been issued by the department and signed by the operator of the food establishment for one or more violations of 18 AAC 30, this chapter, 18 AAC 32, 18 AAC 34, 18 AAC 72, or 18 AAC 80;

(3) public water system plans have been submitted for department review as required by 18 AAC 31.030, but have not been reviewed by the department; or

(4) the operator of an existing food establishment makes a written request to the department to establish a fee payment schedule, not to exceed six months, for fees incurred under 18 AAC 31.050; a request submitted under this paragraph must include

(A) the reason for the request; and

(B) the proposed fee payment schedule.

(b) In a conditional permit issued under (a) of this section, the department will specify

(1) each violation and the date set under 18 AAC 31.900 by which the violations must be corrected; or

(2) the fee payment schedule agreed upon under (a)(4) of this section.

Notes

18 AAC 31.021

Eff. 12/28/2006, Register 180

Authority:AS 17.20.005

AS 17.20.070

AS 17.20.072

AS 17.20.180

AS 17.20.200

AS 44.46.020

AS 44.46.025