Wyoming Administrative Code
Agency 010 - Agriculture, Dept. of
Sub-Agency 0008 - Public Swimming Pools
Chapter 2 - REQUIREMENTS FOR PLAN SUBMISSION & SPECIFICATIONS; LICENSE APPLICATION & ISSUANCE; INSPECTION
Section 2-15 - Summary Suspension
Universal Citation: WY Code of Rules 2-15
Current through September 21, 2024
(a) The regulatory authority may summarily suspend a license to operate a public swimming pool, spa or similar installation if it determines through inspection, water quality testing, records, or other authorized means, or after consultation with the state health officer, that an imminent health or safety hazard exists including, but not limited to, fire, flood, extended interruption of electrical or water service, sewage backup, or waterborne illness or disease.
(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 these Regulations
being violated;
(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 reinspection 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 regulatory authority
shall provide 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 reinspection of the public swimming pool, spa or similar
installation for which the license was summarily suspended within forty-eight
(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
reinspection 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 or safety hazard no longer
exists. A notice of reinstatement shall be provided to the license holder or
person in charge.
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