Permit: Suspension, Revocation, Refusal to Issue or Renew

(1) Suspension Without a Prior Hearing. (a) The Commissioner or his or her agent may, without prior notice or hearing, immediately suspend a permit to operate a transfer station, receiving station or out-of-state pasteurization plant 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 permit if: 1. A second violation of the same requirement of 330 CMR 28.00 is found to exist on a second inspection, in accordance with 330 CMR 28.00 or 2. A violation as specified in 330 CMR 28.03 is found to exist. (c) The Commissioner or his or her agent may without prior notice or hearing immediately suspend a permit if an agent of the Department is refused entry to or is prevented from conducting an authorized inspection of a transfer station, receiving station or an out-of-state pasteurization plant. (d) Whenever a suspension is ordered pursuant to 330 CMR 28.07, 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 28.07: continued 3. That a hearing will be held if a request for a hearing is made to the Department or Commissioner, as the case may be, in writing or by telephone, by the permittee. (e) The order immediately suspending the permit or operation(s) shall be effective upon posting of the order on the premises by an authorized agent of the Department. If the permittee whose name appears on the permit is not present at the time of such posting, or if the permittee is a corporation of other firm, a copy of the order of suspension shall be served in accordance with 330 CMR 28.06. (f) The Department shall hold a hearing after a request for a hearing has been made to the Department, in writing or by telephone to a person authorized to schedule a hearing by the permittee. (g) Whether or not a hearing is requested, the Commissioner, the Department or an agent thereof may end the suspension at any time if reasons for the suspension no longer exist. (2) Ten Day Letter Process. (a) The Commissioner may take steps to exclude milk from the markets of the Commonwealth of Massachusetts and may suspend a permit if the milk has come from a transfer station, receiving station or out-of-state pasteurization plant when the permittee is not in compliance with the conditions for the issuance of the permit, pursuant to 330 CMR 28.05(5). (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 initial or subsequent inspection. (c) The notice shall specify the violation(s) for which the transfer station, receiving station or out-of-state pasteurization plant is under question, and that the permit may be suspended. (d) To obtain a hearing after the subsequent reinspection, the permittee 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 Commissioner may, after providing opportunity for hearing, suspend a permit if the permittee does not comply with any one or more of the requirements of 330 CMR 28.05(5). (b) The order shall be in writing and sent to the permittee or his or her authorized agent in accordance with 330 CMR 28.08. (c) The order shall specify the specific violations for which the permit is to be suspended and that the permit shall be suspended by the Department following notice of such order. (4) Revocation of Permit. (a) The Commissioner may after providing opportunity for a hearing, order the revocation of permit for any one of the following: 1. Serious or repeated violations of any of the requirements of 330 CMR 28.05(5); 2. Interference with the Department in the performance of its duty; 3. A criminal conviction of the permittee relating to the operation of the transfer station, receiving station or out-of-state pasteurization plant; or 4. Keeping or submitting any misleading or false records or documents required by 330 CMR 28.00. (b) The order shall be in writing and shall be served on the permittee or his or her authorized agent in accordance with 330 CMR 28.08.