217.126 Denial, suspension, or revocation of permit.

311 words·~1 min read·/ky/chapter-217/217-126

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The cabinet shall suspend the permit to operate a retail food establishment

immediately upon notice to the permit holder without a conference when:

(a)An inspection of an establishment reveals that any of the following conditions

are present:

1. Sewage is standing in the food preparation, food storage, utensil

washing, or storage areas;

2. Gross rodent or insect activity exists resulting in contamination of food

or food equipment;

3. The water supply is contaminated or cut off with no approved alternative

plan;

4. The establishment is operating in blatant disregard for safe cooking or

holding temperatures for potentially hazardous foods; or

5. There is an infiltration of toxic or noxious gases, dust, or other irritants

or contaminants causing apparent illness of employees or patrons; or

(b)The permit holder or authorized agent has interfered, as defined in KRS

217.015(25), with the cabinet in the performance of its duties, after its agents

have duly and officially identified themselves and the interference has been

verified by the inspector's supervisor;

(c)An inspection of an establishment reveals a rating score of less than sixty

(60); or

(d)An inspection reveals that an imminent health hazard as defined in KRS

217.015(24) still exists and the hazard has been verified by the agent's

supervisor.

(2)In all other instances not covered by subsection

(1)of this section, after notice to the

applicant or holder of a permit to operate and after an opportunity for a hearing as

provided by administrative regulations of the secretary, the cabinet or local health

department concerned may deny, suspend, or revoke a permit to operate in any case

where it finds that there has been a failure to comply with the requirements of KRS

217.005 to 217.215 or the administrative regulations of the secretary. Any

administrative hearing conducted under this section shall be conducted in

accordance with KRS Chapter 13B.