50-50-211. Notice and hearing required. (1) The department may not deny or cancel the license of a retail food establishment without delivering to the applicant or licensee a written statement of the grounds for cancellation or denial or the charge involved and an opportunity to answer at a hearing before the department to show cause, if any, why the license should not be denied or canceled. To request a hearing, the licensee shall make a written request to the department within 10 days after notice of the grounds or charges has been received.
(2) A local regulatory authority may not deny or cancel a temporary food establishment permit without delivering to the applicant or permitholder a written statement of the grounds for cancellation or denial or the charge involved and an opportunity to answer at a hearing before the local board of health to show cause, if any, why the permit should not be denied or canceled. To request a hearing, the permitholder shall make a written request to the local board of health within 10 days after notice of the grounds or charges has been received. This subsection does not prohibit the cancellation of a permit in the event of an immediate threat to the public health. The permitholder retains the right of appeal.
History: En. Sec. 5, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; amd. Sec. 111, Ch. 349, L. 1974; amd. Sec. 2, Ch. 508, L. 1975; R.C.M. 1947, 27-615(2); amd. Sec. 20, Ch. 239, L. 2015.