Haw. Code R. § 11-50-12 - Permit suspension
(a) The director
may suspend a permit whenever:
(1) An
inspection of the establishment reveals that the establishment has not
corrected the violations in the required time; or
(2) The department is unable to conduct
inspections in accordance with this chapter due to circumstances within the
control of the owner or operator or person in charge.
(b) Permit suspension procedures.
(1) The department shall notify the owner or
operator, or the person in charge in writing, when a permit is to be
suspended;
(2) The department shall
state in writing, specific reasons for which the permit is to be
suspended;
(3) The department shall
offer an opportunity for a hearing to a person whose permit is to be suspended,
provided a written request for a hearing is filed with the department by the
owner or operator, not later than twenty calendar days after receipt of the
notice;
(4) If a written request
for a hearing is filed within twenty calendar days after the notice of
suspension, an opportunity for a hearing with the department or the
department's designated representative shall be offered;
(5) If no written request for a hearing is
filed within twenty calendar days after the notice of suspension, the permit
shall be suspended upon service of the suspension notice;
(6) The establishment shall be closed and
shall remain closed until the permit has been reinstated;
(7) A person whose permit has been suspended
may request an inspection, and the permit shall be reinstated if the inspection
shows the correction of the violation that led to the suspension.
(c)Notwithstanding subsections
(a), where the director finds there exists an imminent health hazard associated
with the food establishment, unless the threat to public health is immediately
corrected, the department may immediately close the food establishment and
suspend the permit, without prior notice and hearing, by issuing an order in
writing or by posting a red placard pursuant to section
11-50-9.
(1) An imminent health hazard exists under
conditions described in the definition of "Imminent health hazard" in section
11-50-2, sections
11-50-9(d) (3)
(A) and
11-50-9(e), and
as may otherwise be determined by the director.
(2) The food establishment shall remain
closed and the permit suspension shall remain in effect until the permit is
reinstated by the department.
(3)
The department shall provide the owner or operator an opportunity to contest
the closure and permit suspension and, unless waived by the owner or operator,
such a hearing shall be held no later than forty-eight (48) hours after the
service of the notice of suspension or posting of a red placard, except that in
the case of state and federal holidays and non-business days, the hearing shall
be provided no later than the next business day thereafter.
(4) At the hearing, the director or the
director's designated representative may affirm, modify, or rescind the order
as appropriate.
(d) In
the event of a natural disaster, the department has the authority to order an
establishment immediately closed if, in the opinion of the department, the
establishment cannot operate in a safe and sanitary manner. The director shall
decide under what conditions the establishment will be allowed to
reopen.
(e) All hearings shall
comply with chapter 91, HRS, and the Hawaii Administrative Rules, chapter
11-1, entitled "Rules of Practice and
Procedure".
Notes
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