Current through all regulations passed and filed through September 16, 2024
Pursuant to rule
901:2-2-01 of the
Administrative Code, 9 C.F.R.
500.5 shall be read as follows:
(A) Whenever the department takes a
withholding action or imposes a suspension without prior notification as
provided for in paragraph (A) of rule
901:2-2-04 of the
Administrative Code, the establishment shall promptly receive a written notice:
(1) Stating the effective date of the
action;
(2) Describing the reasons
for the action;
(3) Identifying the
products or processes affected by the action;
(4)
Providing the
establishment an opportunity to present immediate and corrective action and
further planned preventive action; and
(5) Advising the establishment that it may
appeal the action in accordance with division (D) of section
918.08 or division (C) of
section 918.28 of the Revised
Code.
(B) Whenever the
department takes a withholding action or imposes a suspension with prior
notification as provided for in paragraph (B) of rule
901:2-2-04 of the
Administrative Code, the written notice shall:
(1) State the type of enforcement action the
program employee proposes to take;
(2) Describe the reason for the proposed
enforcement action;
(3) Identify
the products or processes affected by the proposed enforcement
action;
(4) Advise the
establishment of its right to contact the department to contest the basis for
the proposed action or to explain how compliance has been or will be achieved
through corrective actions; and
(5)
Advise the establishment that it has ten business days from the receipt of the
written notification to respond to the department, unless otherwise indicated
by the department.
(C)
The department may defer the proposed withholding action or suspension in
accordance with paragraph (B) of this rule, when the establishment has
submitted to the department proposed corrective actions which the department
believes would cure the underlying violation.
(D) The department will initiate the
withholding action or impose the suspension in accordance with paragraph (B) of
this rule, when any of the following situations occur:
(1) The establishment has failed to respond
to the department with their corrective actions within the time
allotted in the notice;
(2) The department finds that the
establishment's proposed corrective actions would fail to cure the underlying
violation; or
(3) The department
finds that the establishment's proposed corrective actions, which were accepted
by the department pursuant to paragraph (C) of this rule, have either:
(a) Failed to cure the underlying violation;
or
(b) Not been properly
implemented by the establishment.
(E) If the department takes a withholding
action or suspends inspection in accordance with paragraph (A) or (D) of this
rule, then all of the following may apply:
(1)
The establishment may request a hearing pursuant to Chapter 119. of the Revised
Code. Upon receipt of a request, the director department shall schedule an
expedited hearing
(2) The
establishment may submit corrective actions to the department in order to
correct the underlying progressive enforcement action. The department may hold
the progressive enforcement action in abeyance if it believes that the
establishment's proposed corrective actions would cure the underlying
violation. If those actions fail to correct the underlying reason for the
progressive enforcement action, the department may immediately reinstate the
progressive enforcement action.
