Ariz. Admin. Code § 9-8-111

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Current through Register Vol. 30, No. 49, December 6, 2024

Section R9-8-111 - Compliance and Enforcement, Annex 1

A. The Department incorporates FC Annex 1 in whole, unless otherwise specified:

1. Section 1, Purpose;

2. Section 2, Explanation;

3. Section 3, Principle;

4. Section 4, Recommendation; and

5. Section 5, Parts in part.

B. In Annex 1, Section 5, the Department does not accept Part 8-911.10(B).

C. In addition to Annex 1, Section 5, the Department adds licensure suspension or revocation requirements that:

1. A REGULATORY AUTHORITY may suspend or revoke a FOOD ESTABLISHMENT license if the license holder:

a. Maintains or engages in a public health nuisance;

b. Falsifies records to interfere with or obstruct an investigation or regulatory process of the REGULATORY AUTHORITY; or

c. Provides false or misleading information to a regulatory authority.

2. A license revocation or suspension hearing shall be conducted as follows:

a. If a REGULATORY AUTHORITY is the Department, a hearing shall be conducted in accordance with A.R.S. Title 41, Chapter 6, Article 10;

b. If a REGULATORY AUTHORITY is a public health district, local health department, department of environmental services, or department of environmental quality, the hearing shall be conducted in accordance with A.R.S. Title 41, Chapter 6, Article 6 or Article 10.

D. In addition to Annex 1, Section 5, the Department adds cease and desist requirements that:

1. If a REGULATORY AUTHORITY determines a FOOD ESTABLISHMENT is creating, maintaining, or engaging a public health nuisance the REGULATORY AUTHORITY shall serve the FOOD ESTABLISHMENT'S license holder a written cease and desist order pursuant to A.R.S. Title 36, Chapter 6, Article 1.

2. If a written notice of appeal is not provided as specified in A.R.S. § 36-601(B), the cease and desist order shall become final.

Ariz. Admin. Code § R9-8-111

Amended effective July 10, 1979 (Supp. 79-4). Section repealed by final rulemaking at 7 A.A.R. 1719, effective October 3, 2001 (Supp. 01-2). Adopted by final rulemaking at 26 A.A.R. 1516, effective 7/8/2020.