2011 Kansas Code
Chapter 36. - HOTELS, LODGINGHOUSES AND RESTAURANTS
Article 5. - FOOD SERVICE AND LODGING ESTABLISHMENTS
36-508 Annual inspections by secretary; noncompliance, notice; remedial action; suspension or revocation, hearing.

36-508. Annual inspections by secretary; noncompliance, notice; remedial action; suspension or revocation, hearing. The secretary shall inspect or cause to be inspected, at least once annually, every food service establishment in this state.  For such inspections the secretary or the secretary's lawful agent shall have the right of entry and access thereto, at any reasonable time. Whenever, upon inspection, it shall be determined that any establishment does not comply with the applicable standards promulgated by the rules and regulations of the secretary, it shall be the duty of the secretary to give written notice to the owner, proprietor or agent in charge of such establishment of the changes or alterations necessary to effect a complete compliance with such standards. Such notice shall provide that the establishment shall be brought into compliance with the applicable standards within a period of time specified in the notice, which shall be not less than 10 days, except that a shorter period of time for compliance may be provided in the notice whenever the secretary believes it essential to protect the public health and safety. Such notice also shall state that if compliance with the applicable standards is not effected within the time prescribed, the license for such establishment shall be subject to suspension or revocation. The licensee of any establishment, for which a notice of noncompliance is given pursuant to this section, may apply to the secretary for an extension of the time prescribed in the notice for compliance with the applicable standards. Upon review of any such application, the secretary may grant or deny such application or modify the provisions of any such notice with respect to the time for compliance with any of the particulars stated therein. Upon reinspection of any establishment for which a notice of noncompliance has been issued pursuant to this section, if such establishment is found to be in noncompliance with the applicable standards promulgated pursuant to this act, the secretary may determine to suspend or revoke the license issued for such establishment. In such event, the secretary shall send written notice to the licensee that the license for such establishment will be suspended or revoked, effective 20 days after the date such notice is sent, unless within such time the licensee files with the secretary a written request for a hearing on the proposed suspension or revocation. All hearings pursuant to this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.