Imminent danger to public health; suspension of permit
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If any conditions are determined to exist which present an imminent health hazard to the public, the department may suspend the operating permit of the facility, without hearing, for a period not to exceed ten (10) business days. The suspension shall be effective upon receipt of written notice by the permit holder or another reasonably responsible employee. A suspension statement recorded on an inspection report by the department's representative constitutes written notice. The permit shall not be suspended for a period longer than 10 business days without a hearing. Failure to hold a hearing within ten (10) business days shall automatically terminate the suspension.
The permit holder of the Facility may request, in writing, a re-inspection by a representative of the department at any time during the period of suspension, for the purpose of demonstrating the imminent health hazard no longer exists. The request for a hearing shall not stay the suspension. However, if after re-inspection, a representative of the department determines that the imminent health hazard no longer exists, the representative shall stay the suspension without the matter going to a full hearing before the department.