18 AAC 32.693. Permit suspension and facility closure

(a) The department may, without prior warning, notice, or hearing, suspend a permit and require that a slaughtering or processing facility immediately stop operating if

(1) an imminent health hazard exists;

(2) the same type of critical violation is noted in three or more critical violation categories during a second inspection of the establishment during a 12-month period;

(3) the operator or an employee interferes with a department employee in the performance of official duties;

(4) a facility is placed under a boil water notice under 18 AAC 80.635 because of violations of the maximum contaminant level for coliform bacteria, and if the operator fails to take actions necessary to remedy the situation;

(5) the department advises under 18 AAC 80 that one or more samples of the facility's public drinking water supply are positive for fecal coliforms;

(6) the operator fails to comply with the terms of a conditional permit issued under 18 AAC 32.605(f) - (g); or

(7) critical and repeated violations of a requirement of 18 AAC 32.600 - 18 AAC 32.695 occur.

(b) The department may, without prior warning, notice, or hearing, issue a notice of closure to a slaughtering or processing facility and require that the facility immediately stop operating if the operator is operating without a valid permit issued by the department.

(c) After suspending a permit or issuing a notice of closure, the department will provide an opportunity for a hearing as follows:

(1) the operator may, in writing, request a hearing under this subsection within 10 days after receiving a notice of

(A) suspension under (a) of this section; or

(B) closure under (b) of this section;

(2) if the department receives a timely request for a hearing under (1) of this subsection, the department will hold the hearing within 14 days after receipt of the request;

(3) a hearing under this subsection is before

(A) the commissioner; or

(B) an individual designated by the commissioner to hear the matter and prepare a recommended decision for the commissioner's review;

(4) in conducting the hearing under this subsection, the department will follow the procedures for an adjudicatory hearing in 18 AAC 15.240 - 18 AAC 15.340; in addition,

(A) the burden of proof and of going forward with the evidence is upon the department; and

(B) the commissioner or commissioner's designee will set the timelines for the procedures in 18 AAC 15.240 - 18 AAC 15.340 to ensure a timely hearing under (2) of this subsection;

(5) after a hearing under this subsection, the commissioner or designee will affirm, modify, or set aside the suspension or closure.

(d) The department may suspend a conditional permit issued under 18 AAC 32.605(f) - (g) if

(1) the department determines that a suspension would serve the interests of public health or consumer protection;

(2) each violation specified under 18 AAC 32.605(g) (1) is not corrected by the date indicated on the conditional permit;

(3) the owner or operator does not make fee payments in compliance with a fee schedule established under 18 AAC 32.605(g) (2); or

(4) drinking water plan, wastewater plans, or solid waste plans submitted as required under 18 AAC 32.605(b) (5)(D) are not approved.

(e) This section does not affect a person's right to a hearing under AS 44.62 (Administrative Procedure Act).

History: Eff. 9/6/2003, Register 167

Authority: AS 03.05.011

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