New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 2300 - SANITARY PRODUCTION AND DISTRIBUTION OF FOOD
Part He-P 2306 - ENFORCEMENT ACTIONS
Section He-P 2306.03 - Denial or Revocation of a License

Universal Citation: NH Admin Rules He-P 2306.03

Current through Register No. 40, October 3, 2024

(a) The department shall deny an application or revoke a license if:

(1) The operation of the licensed establishment immediately endangers public health or safety;

(2) An applicant or licensee has failed to pay any applicable fee in accordance with He-P 2304.05 or any administrative fine imposed under He-P 2306.02 or any other court authorized sanction or fee;

(3) An applicant or a licensee has had a check returned to the department for insufficient funds and has not re-submitted the outstanding fee and additional charges in the form of money order or certified check within 2 business days of notification by the department;

(4) After being notified of and given an opportunity to supply missing information, an applicant or licensee fails to submit an application that meets the requirements of He-P 2304.02(c) ;

(5) An applicant, licensee, or any representative or employee of the applicant or licensee:
a. Provides false or misleading information to the department;

b. Prevents or interferes, or fails to cooperate with any inspection or investigation conducted by the department; or

c. Fails to provide, upon request, informationor documents to the department;

(6) There is a deficiency identified in the inspection report and the applicant or licensee does not either correct it or complete a CAP in accordance with He-P 2305.02(b) or (c) ;

(7) The licensee fails to implement or continue to implement a CAP that has been accepted by the department in accordance with He-P 2305.03(d) ;

(8) The licensee is cited 2 or more times under RSA 143, RSA 143-A, or He-P 2300 for the same priority violation within the last 12 months or the last 5 inspections; or

(9) A food establishment fails to implement an approved HACCP plan in accordance with He-P 2304.13;

(b) Reapplication for a license after revocation, pursuant to RSA 143-A:6, I, shall require submission of:

(1) A written application for a license to the department, completed in accordance with He-P 2304.01;

(2) A corrective action plan, completed in accordance with He-P 2305.03; and

(3) Written proof that subsequent to the revocation, the person in charge has taken and passed a food safety class that meets the standards of The Conference for Food Protection as described in Food Code subparagraph 2-102.20.

#6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11

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