77 Ill. Adm. Code 775.60
Suspension of Permits
Section 775
Section 775.60Â Suspension of
Permits
The Department will suspend
permits in accordance with the provisions of Sections 3, 5 and 6 of the PMO and
the following:
a)Â Â Â Â Â Â Â Â All suspensions, except summary suspensions, will be preceded
by the notice and opportunity for a hearing in accordance with Section 775.90.
b)Â Â Â Â Â Â Â Â All summary suspensions will be based upon violations of the
Act, the PMO or this Part that constitute a finding that the public interest,
safety or welfare imperatively requires the action in accordance with Section
10-65(d) of the Illinois Administrative Procedure Act. All summary suspensions
will be followed by notice and an opportunity for a hearing in accordance with
775.90 of this Part.
c)Â Â Â Â Â Â Â Â If a dairy farm, milk hauler-sampler, receiving and
transfering station, cleaning and sanitizing facility or milk plant receives
two suspensions in 12 months, an informal conference will be held to discuss
corrective measures. If the violations resulting in the most recent suspension
are not corrected after this conference, administrative hearing proceedings
will be initiated pursuant to Section 775.90 of this Part.
d)Â Â Â Â Â Â Â Â When successive inspections pursuant to Section 5 of the PMO
disclose violations of the same requirement that directly reflect on the health
of the public, such as unclean equipment and improper temperature requirements,
the suspension policy in Section 5 shall be enforced.
e)Â Â Â Â Â Â Â Â The suspension policies in the PMO may be waived as determined
by the inspector's professional judgment, dependent upon the amount of time
required for the permit holder to make the necessary corrections, the
reasonableness of requiring corrections prior to the next inspection, and the
potential for a health hazard created by the violation.