Current through August 30, 2024
(a) The
department may, without prior warning, notice, or hearing, suspend a
certificate of sanitary standards and require that the shop immediately stop
operating if
(1) an imminent health hazard
exists;
(2) multiple or repeated
critical violations are noted during
(A) an
inspection under 18 AAC 23.905(a);
(B) a reinspection required under 18 AAC 23.905(e); or
(C) a second
inspection of the shop during a 12-month period; or
(3) the owner or operator or an employee of
the shop interferes with a department employee or agent in the performance of
official duties.
(b) The
department may, without prior warning, notice, or hearing, issue a notice to
stop operating to a school, shop, or facility subject to this chapter and
require that the school, shop, or facility immediately stop operating if
(1) an imminent health hazard
exists;
(2) the owner or operator
of a shop fails to submit an application for a certificate of sanitary
standards as required by 18 AAC 23.310; or
(3) the owner or operator of a shop applied
for but was not granted a certificate of sanitary standards under 18 AAC 23.310.
(c) In a
suspension issued under (a) of this section and a notice to stop operating
issued under (b) of this section, the department will include
(1) the department's written
findings;
(2) a description of the
procedures under (f) of this section for the owner or operator to request a
reinspection or a statement that the department entered into a compliance
agreement with the owner or operator; and
(3) a description of the procedures under (g)
of this section for the owner or operator to request that the department
schedule a hearing.
(d)
The department may issue a notice of closure to a school or shop if
(1) the owner or operator fails to submit
plans as required by 18 AAC 23.020, or an inspection form indicates that
construction or renovation at the school or shop is not in substantial
compliance with this chapter; or
(2) multiple or repeated serious violations
of any requirement of this chapter occur.
(e) In a notice of closure issued under (d)
of this section, the department will include
(1) the department's written
findings;
(2) a statement that the
notice of closure is effective 30 days after the date of the notice;
(3) a statement that the owner or operator
may not continue to operate after the effective date of the notice;
(4) a description of the procedures under (f)
of this section for the owner or operator to request a reinspection or a
statement that the department entered into a compliance agreement with the
owner or operator; and
(5) a
description of the procedures under (g) of this section for the owner or
operator to request the department schedule a hearing.
(f) If an owner or operator is required to
stop operating under this section, the owner or operator may not resume
operating until a reinspection shows that the violations that caused the
suspension, closure, or stoppage no longer exist, or until the owner or
operator enters into a compliance agreement with the department regarding those
violations. The owner or operator may
(1)
request a reinspection concurrent with a request for a hearing under (g) of
this section; or
(2) offer to enter
into a compliance agreement with the department concurrent with a request for a
hearing under (g) of this section; the department will, if public health is
protected and the purposes of this chapter are otherwise satisfied, accept a
compliance agreement with the owner or operator that
(A) establishes a schedule for correcting any
violations; and
(B) schedules a
reinspection to confirm correction.
(g) After suspending a certificate of
sanitary standards under (a) of this section, issuing a notice to stop
operating under (b) of this section, or issuing a notice of closure under (d)
of this section, the department will provide an opportunity for a hearing as
follows:
(1) the owner or operator may
request, in writing, a hearing under this subsection by serving, not later than
10 days after receiving a notice of suspension, notice to stop operating, or
notice of closure, a request on the department and the office of administrative
hearings (AS 44.64.010);
(2) if a
timely request for a hearing under (1) of this subsection is made, the office
of administrative hearings will hold the hearing within 14 days after receipt
of the hearing request;
(3) a
hearing under this subsection will be conducted before an administrative law
judge of the office of administrative hearings who will hear the matter and
prepare a recommended decision for review by the commissioner or by the
commissioner's designee if the designee is a person other than the person who
issued the contested decision;
(4)
in hearing under this subsection, the burden of proof and of going forward with
the evidence is upon the division assigned to environmental health within the
department;
(A) the burden of proof and of
going forward with the evidence is upon the department;
(B) the commissioner or commissioner's
designee will set the timelines for the procedures in 18 AAC 15.240 - 18 AAC 15.340 to ensure a timely hearing under (2) of this subsection; and
(5) after a hearing under this
subsection, the commissioner or designee will affirm, modify, or set aside the
suspension, notice to stop operating, or notice of closure.
(h) The department will notify the
board of any actions taken under this section.
Authority:
AS 08.13.030
AS 08.13.120
AS 08.13.210
AS 44.46.020
