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Title 18 . Environmental Conservation
Chapter 23 . Administrative Enforcement
Section 905. Inspections

18 AAC 23.905. Inspections

(a) The department may conduct inspections to determine compliance with this chapter.

(b) The owner or operator of a school, shop, or facility subject to this chapter shall allow an employee or agent of the department, after proper identification, to enter and have free access to the school, shop, or facility during reasonable hours to

(1) inspect all or any portion of the school, shop, or facility, including each type of shop required to have a certificate of sanitary standards under 18 AAC 23.310;

(2) inspect all or any portion of any procedure area or other school, shop, or facility supporting or operating in conjunction with the school, shop, or facility being inspected;

(3) examine any record required to be kept under this chapter;

(4) investigate employees' illness or absenteeism if investigating a possible disease outbreak; and

(5) examine equipment, instruments, and products, observe procedures, obtain samples, or conduct tests to ascertain compliance with this chapter.

(c) During an inspection conducted under this section, the inspector shall record the findings on a form developed by the department, including a brief statement of the specific problem and required correction, and a time period for the correction of the violation. A separate form shall be used for each type of operation inspected.

(d) After an inspection in which a violation is noted, the owner or operator shall correct violations as follows:

(1) a critical violation must be corrected immediately; if the department agrees that immediate correction is not possible and that interim measures can be initiated to satisfy the purpose of the requirement and protection of public health, the department may designate a correction period of up to 15 days on the form;

(2) a violation other than a critical violation must be corrected within 30 days after the date on the form; if the department agrees that correction within 30 days is not possible and that interim measures can be initiated to satisfy the purpose of the requirement and the protection of public health, the department may designate a longer period of time on the form.

(e) The owner or operator of a school, shop, or facility shall notify the department in writing when the owner or operator has corrected a critical violation. The department may, subject to the availability of appropriations from the legislature and the staffing needs of other projects, conduct a reinspection to confirm correction.

(f) The department will review inspection findings under 18 AAC 23.915, if the owner or operator of a school, shop, or facility submits a written request within 14 days after receiving the finding.

(g) The owner or operator shall post the most recent inspection report completed by the department in a conspicuous location for review by each employee and the public.

(h) The completed inspection report is a public record. The department will, if it determines that publication serves the interests of public health, publish reports or ratings in a newspaper or on the department's Internet web site. The department will forward copies of all completed inspection reports to the owner or operator and to the board.

(i) The department will report any suspected violations of 8 AAC 61.1010 to the Department of Labor and Workforce Development.

History: Eff. 12/1/2002, Register 164

Authority: AS 08.13.030

AS 08.13.120

AS 08.13.210

AS 44.46.020


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Last modified 7/05/2006