Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The
following shall apply to vendor removal when initiated by the Department:
(1) BEP shall immediately remove a vendor from
his/her assigned location, if that vendor's actions or the conditions of the
facility pose a significant risk to the health and safety of the public. Significant
risk means any condition, based upon inspection findings or other evidence,
including, but not limited to, unsafe food temperature, sewage contamination,
nonpotable water supply or an employee who is a carrier of a communicable condition,
that can cause:
(A) Food infection.
(B) Food intoxication.
(C) Disease transmission.
(D) Hazardous condition.
(2) Whenever a vendor is removed from his/her
assigned location pursuant to (1), the BEP shall provide written notice to the
vendor setting forth the following:
(A) The acts
or omissions with which the vendor is charged.
(B) The specific code or regulation sections which
have been violated.
(C) The Department's
intent to terminate the vendor's license.
(D) The vendor's right to a full evidentiary
hearing and the time frame for filing a request.
1. Failure to request a hearing within the time
frame specified shall be deemed a waiver of the right to a full evidentiary
hearing.
(E) The need to take
inventory in the presence of the BEP staff to determine the type and amount of stock
on hand at the time of removal.
(3) The facility shall be operated by an interim
vendor until the status of the vendor's license is determined.
(4) The Department shall be responsible for stock
liquidation, if title to the stock is vested in BEP pursuant to Section
7219. The Department may sell the stock
to the interim vendor or to any other vendor interested in purchasing the stock. If
title to the stock is vested in the vendor, he/she shall be responsible for stock
liquidation. The BEP shall assist the vendor in liquidating any perishable
stock.
(b) If building
management requests removal of a vendor, the Department shall follow the process set
forth in Section
19632(c)
of the Welfare and Institutions Code.
(c) The removal of a vendor, whether initiated by
the Department or upon the request of the person, governing board, or legislative
body having the care, custody and control of the property in which a vending
facility is operated shall not require a finding of ineligibility for licensing. Any
such finding of ineligibility for licensing shall occur only after the vendor has
been given the opportunity for a full evidentiary hearing.
(1) A vendor who prevails at the full evidentiary
hearing, shall be reinstalled in his/her facility. Retroactive compensatory damages
may only be obtained by way of civil action, if the basis for an action
exists.
(2) If the hearing officer finds
in favor of the Department, the BEP may then terminate or suspend the vendor's
license and advertise and award the location to another vendor.
(d) If the vendor fails to file a request for a
full evidentiary hearing regarding the proposed suspension or termination and good
cause exists, as specified in Section
7213.2, the Department may either
suspend or terminate the vendor's license and then advertise and award the
location.
1. Renumbering
and amendment of former section
7222 to sections
7226,
7226.3, and
7226.4 and new section
7222 filed 2-4-93; operative 3-8-93
(Register 93, No. 6).
Note: Authority cited: Sections
19006,
19016
and
19639,
Welfare and Institutions Code. Reference: Sections
19006,
19016
and
19632,
Welfare and Institutions Code; Randolph-Sheppard Act,
20 USC
107b(5); and
34 CFR
395.7.
