R.C.S.A. § 21a-101-8
Administrative provisions
Cite as Conn. Agencies Regs. § 21a-101-8
(a) All food establishments within this state shall be subject to periodic investigations
by inspectors duly authorized by the commissioner. Following the completion of an
investigation, the inspector shall file a written report of his findings. A copy of
this report shall be left with the operator or an authorized representative of the
food establishment so investigated.
(b) Failure by any food establishment to fully comply with all corrective actions recommended
by an inspector shall cause all food products stored or offered for sale therein to
be deemed to be "adulterated" within the meaning of Section 21a-101 of the Connecticut
General Statutes. The sale of such adulterated food shall subject the operator of
such food establishment to the penalties enumerated in Section 21a-95 of the Connecticut
General Statutes.
(c) Prior to reporting any violation to a prosecuting attorney, the commissioner or his
duly authorized representative shall notify the operator in writing, advising him
of the reasons for which such disciplinary action is being contemplated. The notice
shall specify a time, date and place for an informal hearing before the commissioner
to be held pursuant to the provisions of Section 21a-97 (b) of the Connecticut General
Statutes.
(d) At the hearing the respondent shall be given an adequate opportunity to be heard and
to show why disciplinary action is not warranted. The respondent may be accompanied
by counsel, if he so chooses.
(e) If the respondent offers no satisfactory explanation for his failure to eliminate
the alleged unsanitary conditions, the violations shall be duly reported to a prosecuting
attorney for the institution of criminal proceedings.
(f) The commissioner is additionally authorized, pursuant to section 21a-94 of the Connecticut
General Statutes, to apply to the Superior Court for a temporary or permanent injunction
restraining the respondent from violating any provision of section 21a-93 of the Connecticut
General Statutes.
(g) Any person allegedly aggrieved by the decision of the commissioner at such a hearing
may appeal the decision by initiating appropriate proceedings in the Superior Court
for the judicial district of Hartford.