Issuance of Notices

Whenever the Director or his/her designee makes an inspection and discovers that any of the applicable law or rule has been violated, he/she shall notify the permit holder or operator of such violations by means of an inspection report form or other written notice. In such notification, the Director or his/her designee shall:

(a)set forth the specific violations found, together with the demerit score of the establishment;

(b)establish a specific and reasonable period of time for correction of the violations found, in accordance with the following provision:

(1)when the demerit score of the establishment is twenty

(20)or less, all violations of one

(1)to four

(4)demerits must be corrected within a period of time not to exceed thirty

(30)calendar days;

(2)when the demerit score of the establishment is more than twenty

(20)but not more than forty (40), all items of one

(1)to four

(4)demerit points must be corrected within a period of time not to exceed fifteen

(15)calendar days;

(3)when any six

(6)demerit point item is cited, regardless of the final demerit score, such item must be corrected within a period of time not to exceed ten

(10)calendar days;

(4)when the demerit score of the establishment is more than forty (40), the sanitary permit shall be immediately suspended; and

(5)in the case of temporary food service establishments, violations must be corrected within a specified period of time not to exceed twenty-four

(24)hours. Failure to comply with such notice shall result in immediate suspension of the permit.

(c)state that failure to comply with any notice issued in accordance with the provisions of any applicable laws, rules or regulations may result in immediate suspension of the permit or the establishment downgraded; and

(d)state that an opportunity for appeal from any notice or inspection findings will be provided if a written request for a hearing is filed with the Director within the period of time established in the notice for corrections.