Certificate: Suspension or Revocation

(1) Suspension without a Prior Hearing (a) The commissioner or his or her agent may, without prior notice or hearing, immediately suspend a certificate to operate a dairy farm if an imminent health hazard is found to exist. (b) The commissioner or his or her agent may, without granting a prior hearing, immediately suspend a certificate if: 1. A second violation of the same requirement of 330 CMR 27.05, 27.06, 27.07, or 27.08 is found to exist on a second inspection, in accordance with 330 CMR 27.12(3)(d); or 2. A violation as specified in 330 CMR 27.14(1)(b) is found to exist. (c) The commissioner or his or her agent may, without prior notice or hearing, immediately suspend a certificate to operate a dairy farm if an agent of the Department is refused entry to the farm or is prevented from conducting an authorized inspection, as specified in 330 CMR 27.12. 27.16: continued (d) Whenever a suspension is ordered pursuant to 330 CMR 27.16(1)(a) through (c), the order shall state: 1. The reason(s) for the immediate suspension; 2. The violation(s) leading to the determination that an imminent health hazard exists, if applicable; and 3. That a hearing will be held if a request for a hearing is made to the Department, in writing or by telephone to a person authorized to schedule a hearing, by the certificatee. (e) The order recommending immediate suspension of the certificate shall be effective upon determination at the premises by an authorized agent of the Department. If the certificatee is not present at the time of such posting, a copy of the order of suspension shall be served in accordance with 330 CMR 27.17(3). (f) The Department shall hold a hearing after a request for a hearing has been made to the bureau, in writing or by telephone to a person authorized to schedule a hearing, by the certificatee. (g) Whether or not a hearing is requested, the Department may end the suspension at any time if reasons for the suspension no longer exist. (2) Ten Day Letter Process (a) The Department may take steps to exclude milk from the markets of the Commonwealth of Massachusetts and may suspend the producer's Certificate of Registration if the milk has been produced on a dairy farm where serious sanitary code violations are found to exist. (b) If a serious sanitary code violation is found to exist during an inspection, the Department may issue a notice to provide for an additional inspection at least ten days after the date of the receipt of such notice. Such notice may be given during either an intial or subsequent inspection. (c) The notice shall specify the violation(s) for which the dairy farm is under question, and that the certificate may be suspended. (d) To obtain a hearing after the subsequent reinspection, the certificatee shall make a request for a hearing to the Department, in writing or by telephone to a person authorized to schedule a hearing, within five days of the reinspection following notice. If no request for a hearing is made within the five day period, the revocation or suspension shall be imposed at the end of the time period specified in the order; six days after the reinspection. (3) Suspension after a Hearing (a) The Department may, after providing opportunity for hearing, suspend a certificate to operate a dairy farm if the farm does not comply with any one or more of the requirements of 330 CMR 27.00. (b) The order shall be in writing and sent to the certificatee or her/his authorized agent in accordance with 330 CMR 27.17(3). (c) The order shall specify the specific violations for which the certificate is to be suspended and that the certificate shall be suspended by the Department following notice of such order. (4) Permanent Revocation of Certificate (a) The Department may, after providing opportunity for a hearing, order the revocation of a certificate for any one of the following: 1. Serious or repeated violations of any of the requirements of 330 CMR 27.00; 2. Interference with the Department in the performance of its duty; 3. A criminal conviction of the certificatee relating to the operation of the dairy farm; 4. Keeping or submitting any misleading or false records or documents required by 330 CMR 27.00. (b) The inspection shall be in writing and shall be served on the certificatee or her/his authorized agent in accordance with 330 CMR 27.17(3). 11/4/16 (Effective 10/7/16) - corrected 330 CMR - 163