Current through August 31, 2023
The regulatory authority may revoke the license issued to a
food establishment when the license holder fails to comply with these rules or
the operation of the food establishment is a hazard to public health.
(4-6-23)
01.
Reasons a License
May Be Revoked. (4-6-23)
a. The license
holder violates any term or condition in Section
8-304.11 of the incorporated Food
Code. (4-6-23)
b. Access to the
facility is denied or obstructed by an employee, agent, contractor, or other
representative during the performance of the regulatory authority's duties. It
is not necessary for the regulatory authority to seek an inspection order to
gain access as permitted in Section
8-402.40 of the incorporated Food
Code, before proceeding with revocation. (4-6-23)
c. A public health hazard or priority
violation remains uncorrected after being identified by the regulatory
authority and an enforcement inspection confirms the violation or hazard still
exists. See Section 850 of these
rules on enforcement inspections. (4-6-23)
d. A core violation remains uncorrected after
being identified by the regulatory authority and an enforcement inspection
confirms the violation still exists. See Section
845 of these rules on verification
and documentation of correction. (4-6-23)
e. Failure to comply with any consent order
issued after a compliance conference. See Section
861 of these rules on compliance
conference. (4-6-23)
f. Failure to
comply with a regulatory authority's summary suspension order. See Section
831 of these rules on summary
suspension of a license. (4-6-23)
g. Failure to comply with an embargo order.
See Section 851 of these rules on adulterated
or misbranded food. (4-6-23)
h.
Failure to comply with a regulatory authority order issued when an employee is
suspected of having a communicable disease. See Chapter 2 of the incorporated
Food Code on employee health. (4-6-23)
02.
Notice to Revoke a License.
The regulatory authority must notify the license holder of the food
establishment in writing of the intended revocation of the license. See Section
861 of these rules for appeal
process. The notice must include Subsections
860.02.a. through 860.02.c. of
this rule: (4-6-23)
a. The specific reasons
and Sections of the Idaho Food Code that are in violation and the cause for the
revocation; (4-6-23)
b. The right
of the license holder to request in writing a compliance conference with the
regulatory authority within fifteen (15) days of the notice; and
(4-6-23)
c. The right of the
license holder to appeal in writing to the Department. See Subsection
861.02 of these rules.
(4-6-23)
d. The following is
sufficient notification of the license holder's appeal rights: "You have the
right to request in writing a compliance conference with (name and address of
designated health district official) within fifteen (15) days of the receipt of
this notice. You may also appeal the revocation of your license to the Director
by filing a written appeal with the Department as provided in IDAPA 16.05.03,
"Contested Case Proceedings and Declaratory Rulings," within fifteen (15) days
of the receipt of this notice, or if a timely request is made for a compliance
conference and the matter is not resolved by a consent order, within five (5)
working days following the conclusion of the compliance conference."
(4-6-23)
03.
Effective Date of Revocation. The revocation will be effective
fifteen (15) days following the date of service of notice to the license
holder, unless an appeal is filed or a timely request for a compliance
conference is made. If a compliance conference is requested and the matter is
not resolved by a consent order, the revocation will be effective five (5)
working days following the end of the conference, unless an appeal is filed
with the Director within that time. See Section
861 of these rules for compliance
conference, consent order, and appeal process. (4-6-23)
