(a) The
department may, without prior warning, notice, or hearing, suspend a permit and
require that the food establishment immediately stop operating if
(1) an imminent health hazard exists and no
immediate correction or containment that is acceptable to the department is
available;
(2) during an inspection
conducted under 18 AAC 31.900, the operator receives
(A) five or more risk factor or intervention
violations;
(B) four risk factor or
intervention violations and five or more good retail practice violations;
or
(C) three risk factor or
intervention violations and eight or more good retail practice
violations;
(3) a food
establishment is placed under a boil water notice under 18 AAC 80.635 because
of a violation of the maximum contaminant level for coliform bacteria, and the
operator fails to take the actions required by 18 AAC 31.500(e);
(4) the department advises the operator under
18 AAC 80 that one or more samples of the food establishment's public water
system are positive for fecal coliforms;
(5) the operator fails to comply with the
terms of a conditional permit issued under 18 AAC 31.021, including if
(A) each violation specified under 18 AAC 31.021 is not corrected on or before the date indicated on the conditional
permit;
(B) the operator does not
make fee payments in compliance with a fee schedule established under 18 AAC 31.021; or
(C) drinking water plans
or wastewater plans submitted as required by 18 AAC 31.030 are not
approved;
(6) multiple
or repeated violations of a requirement of this chapter occur;
(7) a risk factor or intervention violation
is not corrected within the time frame designated during an inspection
conducted under 18 AAC 31.900;
(8)
during a reinspection of a food establishment within a 12-month period, the
department notes on an inspection form, three or more risk factor or
intervention violations;
(9) the
operator or an employee interferes with a department employee or agent in the
performance of official duties; or
(10) the department believes that a food
establishment or an employee might be the source of a foodborne
illness.
(b) The
department may, without prior warning, notice, or hearing, issue a notice of
closure to a food establishment and require that the food establishment
immediately stop operating if a person is operating a food establishment
without a valid permit issued under 18 AAC 31.020.
(c) If the department requires a food
establishment to stop operating under (a) or (b) of this section, the operator
may not resume operating until
(1) a
reinspection shows that the conditions that caused the stoppage no longer
exist; the department may, if public health is protected and the purpose of
this chapter is otherwise satisfied, accept a written agreement with the
operator that establishes a schedule for correcting deficiencies that cannot
reasonably be corrected before the scheduled reinspection; and
(2) the operator has implemented a food
safety management system, including appropriate written standard operating
procedures and self-assessments, as specified at 18 AAC 31.902.
(d) If the department requires a
food establishment to stop operating under (a) or (b) of this section, the
department will order affixed a notice at the food establishment in a place
conspicuous to the public that indicates the establishment is closed. The
notice may only be removed by the department or by the operator with the
department's written consent.
(e)
After the department suspends a permit or issues a notice of closure, the
operator may request an informal review under 18 AAC 15.185 or may request an
adjudicatory hearing under AS 44.62 (Administrative Procedure Act). An
adjudicatory hearing is requested by submitting a request for hearing to the
commissioner not later than 30 days after the issuance by the department of the
notice of suspension or closure. If a timely request for an adjudicatory
hearing is received. the commissioner will refer the matter to 35 the office of
administrative hearings (AS 44.64.010) for a hearing and recommended decision
under 2 AAC 64.100 - 2 AAC 64.990 to the commissioner or to the commissioner's
designee if the designee is a person other than the person who issued the
contested decision.
