2005 California Health and Safety Code Sections 113950-113970 Article 5. Permit Suspension or Revocation

HEALTH AND SAFETY CODE
SECTION 113950-113970

113950.  Any permit may be suspended or revoked by a local
enforcement officer for a violation of this chapter.  Any food
facility for which the permit has been suspended shall close and
remain closed until the permit has been reinstated.  Any food
facility for which the permit has been revoked shall close and remain
closed until a new permit has been issued.
   Whenever a local enforcement officer finds that a food facility is
not in compliance with the requirements of this chapter, a written
notice to comply shall be issued to the permittee.  If the permittee
fails to comply, the local enforcement officer shall issue to the
permittee a notice setting forth the acts or omissions with which the
permittee is charged, and informing him or her of a right to a
hearing, if requested, to show cause why the permit should not be
suspended or revoked.  A written request for a hearing shall be made
by the permittee within 15 calendar days after receipt of the notice.
  A failure to request a hearing within 15 calendar days after
receipt of the notice shall be deemed a waiver of the right to a
hearing.  When circumstances warrant, the hearing officer may order a
hearing at any reasonable time within this 15-day period to expedite
the permit suspension or revocation process.
   The hearing shall be held within 15 calendar days of the receipt
of a request for a hearing.  Upon written request of the permittee,
the hearing officer may postpone any hearing date, if circumstances
warrant the action.
113955.  The hearing officer shall issue a written notice of
decision to the permittee within five working days following the
hearing.  In the event of a suspension or revocation, the notice
shall specify  the acts or omissions with that the permittee is
charged, and shall state the terms of the suspension or that the
permit has been revoked.
113960.  (a) If any immediate danger to the public health or safety
is found, unless the danger is immediately corrected, an enforcement
officer may temporarily suspend the permit and order the food
facility immediately closed.  Immediate  danger to the public health
and safety means any condition, based upon inspection findings or
other evidence, that can cause food infection, food intoxication,
disease transmission, or hazardous condition, including, but not
limited to, unsafe food temperature, sewage contamination, nonpotable
water supply, or an employee who is a carrier of a communicable
disease.
   (b) Whenever a permit is suspended as the result of an immediate
danger to the public health or safety, the enforcement officer shall
issue to the permittee a notice setting forth the acts or omissions
with which the permittee is charged, specifying the pertinent code
section, and informing the permittee of the right to a hearing.
   (c) At any time within 15 calendar days after service of a notice
pursuant to  subdivision (b), the permittee may request in writing a
hearing before a hearing officer to show cause why the permit
suspension is not warranted.  The hearing  shall be held within 15
calendar days of the receipt of a request for a hearing.  A failure
to request a hearing within 15 calendar days shall be deemed a waiver
of the right to a hearing.
113965.  The enforcement agency may, after providing opportunity for
a hearing, modify, suspend, or revoke a permit for serious or
repeated violations of any of the requirements of this code or for
interference in the performance of the duty of the enforcement
officer.
113970.  A permit may be reinstated or a new permit issued if the
enforcement agency determines that conditions which prompted the
suspension or revocation no longer exist.


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