Compilation of Rules and Regulations of the State of Georgia › Department 511 - RULES OF GEORGIA DEPARTMENT OF PUBLIC HEALTH › Chapter 511-6 - FOOD AND LODGING ESTABLISHMENTS › Subject 511-6-1 - FOOD SERVICE › Rule 511-6-1-.10 - Inspections and Compliance Procedures

Current through Rules and Regulations filed through June 27, 2024
(1) Suspension or Revocation of Permits. The
				Health Authority shall have the power to suspend or revoke a permit if the
				permit holder is unwilling or unable to comply with these regulations, the
				regulations of the local Health Authority, the provisions of O.C.G.A. Section
				 26-2-370 et seq., or if a
				violation is not corrected within a reasonable time. The notice of suspension
				or revocation shall be in writing and shall state the reasons in support of the
				action. The notice shall be delivered to the permit holder by mail or in person
				or, if the permit holder cannot be located, by tacking a copy to the front door
				of the food service establishment and mailing a copy to the permit holder's
				last known address.
(a) There shall be a
				rebuttable presumption that a permit holder is unwilling or unable to comply if
				he or she refuses to allow the Health Authority to enter upon and inspect the
				premises of the food service establishment at any reasonable time and in a
				reasonable manner, or if any particular violation is found to be uncorrected
				upon the third consecutive inspection.
(b) Except as specified in DPH Rule
				 511-6-1-.03(2)(n), a permit may be summarily suspended upon the discovery of an imminent health
				hazard. The permit holder may seek immediate review of a summary suspension by
				written request to the District Health Director. The matter shall be heard by
				the District Health Director, or a supervisory level employee designated by the
				District Health Director who was not personally involved in the inspection,
				acting as a review official. The Health Authority shall make every effort to
				arrange a hearing within 72 hours of the request. The hearing shall be
				conducted informally and without application of the rules of evidence. Both the
				inspector and the permit holder shall be given an opportunity to present any
				arguments or evidence in support of their positions. The review official may
				uphold the summary suspension, or may modify or lift the suspension on such
				conditions as may be appropriate.
(c) In lieu of suspension or revocation of a
				permit, the Health Authority may in its discretion allow a food service
				establishment to voluntarily close all or part of the premises until such time
				as violations are corrected, and upon such additional restrictions as the
				Health Authority may deem appropriate.
(d) The permit holder may appeal any
				suspension or revocation to the Department in accordance with O.C.G.A. Section
				 31-5-3 by sending written notice
				within ten days, by certified mail or statutory overnight delivery, addressed
				to the Department of Public Health, Office of General Counsel, with a copy to
				the Health Authority official that suspended or revoked the permit. Within ten
				days of receiving the notice, the Health Authority shall provide the Department
				with a copy of its entire file on the inspections and actions that led to the
				suspension or revocation. The Department shall schedule a hearing within 20
				days of receiving the notice, and shall decide the matter upon the arguments of
				the parties and the administrative record.
(e) If operations of a food service
				establishment are discontinued due to the order or action of the Health
				Authority, the permit holder shall obtain approval from the Health Authority
				before resuming operations.
(f) The
				Health Authority may, in its discretion, allow the owner to voluntarily close
				all or part of the food service establishment in lieu of suspending or revoking
				a permit. Such action will not prohibit the Health Authority from taking such
				further action as it may deem necessary to protect employees or members of the
				public.
(g) If at any time a mobile
				food service establishment's permit is no longer in good standing in any
				jurisdiction, a county may revoke the establishment's authorization to operate
				in its jurisdiction.