Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 590.000 - State Sanitary Code Chapter X:minimum Sanitation Standards For Food Establishments
Section 590.014 - Permits: Suspension and Revocation
Universal Citation: 105 MA Code of Regs 105.590
Current through Register 1531, September 27, 2024
(A) Summary Suspension of Permit/Emergency Closure without a Prior Hearing.
(1) In accordance with
M.G.L. 111, § 30, the board of health or its authorized agent, as
determined by the board of health, may, without a prior hearing, suspend a
permit to operate a food establishment or to operate one or more particular
operations if an imminent health hazard is found to exist.
(2) A permit may be summarily suspended
without providing prior written notice, notice of a hearing, or a hearing,
provided that the right to a hearing is afforded within three business days of
a request for a hearing.
(3) A
summary suspension order shall be in writing and shall be posted at a public
entrance to the food establishment and a copy provided to the permit holder of
the food establishment, pursuant to
105 CMR
590.015(A). The order
summarily suspending the permit or specific operation of the permit holder
shall be immediately effective upon posting of the order at the food
establishment by an authorized agent of the board of health.
(4) The summary suspension order shall state:
(a) The name and location of the food
establishment and the name and address of the permit holder;
(b) That the board of health or its
authorized agent, as determined by the board of health, has determined that an
imminent health hazard exists, which requires the immediate suspension of the
food establishment permit or the operation of one or more particular operations
at the food establishment;
(c) The
specific violation(s) that lead to the determination that an imminent health
hazard exists;
(d) That all
operations or one or more particular operations of the food establishment shall
immediately cease and desist;
(e)
That the emergency closure shall remain in effect until conditions cited in the
order of closure are corrected and the corrections are confirmed by the board
of health or its authorized agent, as determined by the board of health,
through reinspection and other means as appropriate;
(f) That if a hearing is desired, a written
request for a hearing shall be filed with the board of health by the permit
holder within ten ten days of receipt of the summary suspension
order;
(g) That the person has the
right to inspect and obtain copies of all relevant inspection reports, orders,
notices, and other documentary evidence in the possession of the board of
health and has the right to be represented at any hearing;
(h) The name and address of the board of
health where the written request for a hearing shall be sent; and
(i) The signature of a member of the board of
health or its authorized agent, as determined by the board of health.
(5) The board of health shall hold
a hearing within three business days after receipt of a written request for a
hearing.
(6) If no hearing is
requested, the summary suspension shall remain in effect until the board of
health or its authorized agent, as determined by the board of health,
determines that all conditions cited in the summary suspension order are
corrected.
(7) The board of health
or its authorized agent, as determined by the board of health, shall end the
summary suspension at any time if reasons for the suspension no longer
exist.
(B) Suspension of a Permit with Notice.
(1) The board of health or its authorized
agent, as determined by the board of health, may issue a notice to suspend a
permit to operate a facility permitted under
105 CMR
590.000 or one or more particular operations of the
facility. Each of the following grounds, individually or severally, shall
constitute full and adequate grounds to suspend a permit.
(a) Failure to comply with the requirements
of 105 CMR
590.000;
(b) Denial of entry to agents of the board of
health or the Department or attempts to impede the work of a duly authorized
agent of the board of health or the Department;
(c) Providing false or misleading statements
or documents to the board of health or the Department or agents thereof, or
keeping any misleading or false records or documents intended to satisfy the
requirements of
105 CMR
590.000;
(d) The permit holder or owner, or if the
permit holder or owner is a corporation, a corporate officer, of the facility,
has been convicted of, pled guilty or no lo contendere to, or
has, in a judicial proceeding, admitted facts sufficient to find that he or she
is guilty of a crime relating to the operation of a food
establishment;
(e) The permit
holder or owner, or if the permit holder or owner is a corporation, a corporate
officer, of the facility has engaged in conduct that endangers the public
health;
(f) Failure to pay any
federal, state, or local taxes as required by law, pursuant to M.G.L. c. 62C,
§ 49A;
(g) Failure to comply
with local regulations/ordinances related to the operation of the facility;
or
(h) Such other reasons not
stated in
105 CMR
590.014(B)(1)(a) through (g)
which pose a risk to public health and safety.
(2) The order to suspend the permit shall be
given by the board of health or its authorized agent, as determined by the
local board of health, to the permit holder in writing and shall specify:
(a) The name and location of the permit
holder;
(b) The specific
violation(s) for which the permit or operation is to be suspended;
(c) The date the suspension will become
effective;
(d) That the suspension
shall remain in effect until the conditions cited in the order to suspend are
corrected and their correction is confirmed by the board of health or its
authorized agent, as determined by the local board of health, through
reinspection and any other means as appropriate;
(e) Notice of a right to a hearing before the
board of health if a written request for hearing is filed with the board of
health by the permit holder within ten days of receipt of the order to suspend,
the right to inspect and obtain copies of all relevant inspection reports,
orders, notices and other documentary information in the possession of the
board of health, and the right to be represented at the hearing. A board of
health that sets a hearing on a specified date rather than requiring the permit
holder to request a hearing, satisfies this notice requirement provided that
there is adequate notice of the hearing date, and the notice fully informs the
permit holder of the rights listed above;
(f) The name and address of the board of
health where the written request for a hearing shall be sent;
(g) If no request for a hearing is filed
within the ten-day period, the board of health may impose the suspension order;
and
(h) The signature of a member
of the board of health or its agent, as determined by the board of
health.
(C) Revocation or Non-renewal of a Permit with Notice.
(1) The board of health or its authorized
agent, as determined by the board of health, may issue an order to revoke a
permit or refuse to renew a permit to operate a food establishment or terminate
one or more particular operations of the establishment for:
(a) Serious or repeated violations of any of
the requirements of
105 CMR
590.000;
(b) Any grounds cited in
105 CMR
590.014(B)(1)(b) through
(h), which in the discretion of the board of
health or the Department are sufficiently serious to require
revocation.
(2) The
order to revoke the permit shall be given by the board of health or its
authorized agent, as determined by the board of health, to the permit holder in
writing and shall specify:
(a) The name and
location of the food establishment and the name and address of the permit
holder;
(b) The specific
violation(s) for which the permit or operation is to be revoked or not
renewed;
(c) The date the
revocation or non-renewal will become effective. The revocation or non-renewal
of a permit shall be effective for a period of one year from the date of the
final order, unless the board of health orders otherwise;
(d) Notice of a right to a hearing before the
board of health if a written request for hearing is filed with the board of
health by the permit holder within ten days of receipt of the order, the right
to inspect and obtain copies of all relevant inspection reports, orders,
notices and other documentary information in the possession of the board of
health, and the right to be represented at the hearing. A board of health that
sets a hearing on a specified date rather than requiring the permit holder to
request a hearing, satisfies this notice requirement provided that there is
adequate notice of the hearing date, and the notice fully informs the permit
holder of rights listed above;
(e)
The name and address of the board of health where the written request for a
hearing shall be sent;
(f) If no
request for a hearing is filed within the ten-day period, the board of health
may impose the revocation or non-renewal order; and
(g) The signature of a member of the board of
health or its agent, as determined by the board of health.
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