HAR §11-50-12. Permit suspension

(a) The director may suspend a permit whenever: (1) An inspection of the establishment reveals that the establishment has not corrected the violations in the required time; or (2) The department is unable to conduct inspections in accordance with this chapter due to circumstances within the control of the owner or operator or person in charge. (b) Permit suspension procedures. (1) The department shall notify the owner or operator, or the person in charge in writing, when a permit is to be suspended; (2) The department shall state in writing, specific reasons for which the permit is to be suspended; (3) The department shall offer an opportunity for a hearing to a person whose permit is to be suspended, provided a written request for a hearing is filed with the department by the owner or operator, not later than twenty calendar days after receipt of the notice; (4) If a written request for a hearing is filed within twenty calendar days after the notice of suspension, an opportunity for a hearing with the department or the department's designated representative shall be offered; (5) If no written request for a hearing is filed within twenty calendar days after the notice of suspension, the permit shall be suspended upon service of the suspension notice; (6) The establishment shall be closed and shall remain closed until the permit has been reinstated; (7) A person whose permit has been suspended may request an inspection, and the permit shall be reinstated if the inspection shows the correction of the violation that led to the suspension. 50-41 §11-50-12 (c) Notwithstanding subsection (a), where the director finds there exists an imminent health hazard associated with the food establishment, unless the threat to public health is immediately corrected, the department may immediately close the food establishment and suspend the permit, without prior notice and hearing, by issuing an order in writing or by posting a red placard pursuant to section 11-50-9. (1) An imminent health hazard exists under conditions described in the definition of "Imminent health hazard" in section 11-50-2, sections 11-50- 9 (d) (3) (A) and 11-50-9 (e), and as may otherwise be determined by the director. (2) The food establishment shall remain closed and the permit suspension shall remain in effect until the permit is reinstated by the department. (3) The department shall provide the owner or operator an opportunity to contest the closure and permit suspension and, unless waived by the owner or operator, such a hearing shall be held no later than forty-eight hours after the service of the notice of suspension or posting of a red placard, except that in the case of state and federal holidays and non-business days, the hearing shall be provided no later than the next business day thereafter. (4) At the hearing, the director or the director's designated representative may affirm, modify, or rescind the order as appropriate. (d) In the event of a natural disaster, the department has the authority to order an establishment immediately closed if, in the opinion of the department, the establishment cannot operate in a safe and sanitary manner. The director shall decide under what conditions the establishment will be allowed to reopen. (e) All hearings shall comply with chapter 91, HRS, and the Hawaii Administrative Rules, chapter 11-1, entitled "Rules of P..J:'9-Ctice and Procedure". [Eff 2/24/2014; am and comp AUG Z4 2025 (Auth: HRS §321-11) (Imp: HRS §321- 11)