Wyoming Administrative Code
Agency 010 - Agriculture, Dept. of
Sub-Agency 0003 - Medicine, Board of
Chapter 2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION
Section 2-17 - Summary Suspension
Universal Citation: WY Code of Rules 2-17
Current through September 21, 2024
(a) The regulatory authority may summarily suspend a license to operate an establishment or processing plant if it determines through inspection, or examination of food employees, food, records, or other means as specified in this Rule, that an imminent health hazard exists including, but not limited to, fire, flood, extended interruption of electrical or water service, sewage backup, or after consultation with the Health Officer.
(i) The
regulatory authority may summarily suspend a license by providing written
notice of the summary suspension to the license holder or the person in charge
without prior warning, notice of a hearing, or a hearing.
(ii) A summary suspension notice shall state:
(A) That the license is immediately suspended
and that all operations shall immediately cease;
(B) The reasons for summary suspension with
reference to the provisions of this Rule that are in violation;
(C) The type of imminent threat to the public
health that may be caused by the violation;
(D) The name and address of the regulatory
authority representative to whom notice for re-inspection may be made and who
may certify that reasons for the suspension are eliminated;
(E) The license holder may request a
contested case hearing within five (5) business days of the summary suspension.
The regulatory authority shall hold a hearing, if requested, within ten (10)
business days of the summary suspension; and
(F) The name and address of the regulatory
authority representative to whom a request for a contested case hearing may be
made.
(iii) The
regulatory authority shall conduct a re-inspection of the establishment or
processing plant for which the license was summarily suspended within 48 hours
after receiving notice from the license holder stating that the conditions
cited in the summary suspension order no longer exist.
(iv) A summary suspension shall remain in
effect until the conditions cited in the notice of suspension no longer exist
and their elimination has been confirmed by the regulatory authority through
re-inspection and other means as appropriate or until a court of competent
jurisdiction otherwise orders.
(v)
The suspended license shall be reinstated immediately if the regulatory
authority determines that the imminent health hazard no longer exists. A notice
of reinstatement shall be provided to the license holder or person in
charge.
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