SECTIONS 114405-114413 - California Statutes

HEALTH AND SAFETY CODE

SECTION 114405-114413

114405. (a) A permit may be suspended or revoked by a local
enforcement officer for a violation of this part. 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the permit has been revoked shall close and remain closed until a new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.
(b) Whenever a local enforcement officer finds that a food
facility is not in compliance with the requirements of this part, a
written notice to comply shall be issued to the permitholder. If the
permitholder fails to comply, the local enforcement officer shall
issue to the permitholder a notice setting forth the acts or
omissions with which the permitholder 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 permitholder 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.
(c) The hearing shall be held within 15 calendar days of the
receipt of a request for a hearing. Upon written request of the
permitholder, the hearing officer may postpone any hearing date, if
circumstances warrant the action.

114407. The hearing officer shall issue a written notice of
decision to the permitholder within five working days following the
hearing. In the event of a suspension or revocation, the notice shall
specify the acts or omissions with which the permitholder is
charged, and shall state the terms of the suspension or that the
permit has been revoked.

114409. (a) If any imminent health hazard is found, unless the
hazard is immediately corrected, an enforcement officer may
temporarily suspend the permit and order the food facility
immediately closed.
(b) Whenever a permit is suspended as the result of an imminent
health hazard, the enforcement officer shall issue to the
permitholder a notice setting forth the acts or omissions with which
the permitholder is charged, specifying the pertinent code section,
and informing the permitholder of the right to a hearing.
(c) At any time within 15 calendar days after service of a notice
pursuant to subdivision (b), the permitholder 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.

114411. The enforcement agency may, after providing opportunity for
a hearing, modify, suspend, or revoke a permit for serious or
repeated violations of any requirement of this part or for
interference in the performance of the duty of the enforcement
officer.

114413. A permit may be reinstated or a new permit issued if the
enforcement agency determines that the conditions that prompted the
suspension or revocation no longer exist.