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.