Or. Admin. Code § 603-025-0530

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-025-0530 - Closure of Food Establishment That Fails to Obtain a Required Authorization

(1) When the department orders the closure of a food establishment that fails to obtain a required authorization, the department shall follow the procedures set forth in this rule.

(2) If a food establishment fails to obtain a required authorization, the department shall provide written notice to the owner or operator that the food establishment has 45 days from the date on which the written notice is mailed to obtain the required authorization from the department.

(3) If the food establishment fails to obtain the required authorization within 45 days from the date on which the written notice in section (2) of this rule is mailed, the department shall provide written notice to the owner or operator that the food establishment has failed to obtain the required authorization, and that the department will issue a proposed order to close the food establishment if the food establishment fails to obtain the required authorization within 30 days from the date on which the written notice in this section (3) is mailed. The notice shall be mailed via certified mail to the last-known address of the owner or operator on file with the department or, if none, to the address of the food establishment.

(4) If the food establishment fails to obtain the required authorization within 30 days from the date on which the written notice in section (3) of this rule is mailed, the department shall issue a proposed order to close the food establishment. A proposed order to close a food establishment issued under this section (4) is an order in contested case that is subject to the applicable provisions of Oregon Revised Statutes chapter 183 and Oregon Administrative Rules chapter 137, division 3.

(5) A food establishment may request a hearing on a proposed order to close the food establishment issued under section (4) of this rule. Any hearing request must be in writing, must comply with the applicable provisions of Oregon Administrative Rules chapter 137, division 3, and must be received by the department within 10 calendar days of the date on which the proposed closure order is mailed.

Or. Admin. Code § 603-025-0530

DOA 20-2021, adopt filed 06/07/2021, effective 6/7/2021

Statutory/Other Authority: ORS 616.697, ORS 616.695, ORS 632.705-632.815, ORsS 621-622, ORS 624-625 & ORs 561.300

Statutes/Other Implemented: ORS 616.697 & ORS 183.745