3-2096

3-2096. Disciplinary actions

A. The associate director may suspend or revoke any license, permit, establishment number or meat inspection service granted under this chapter for any of the following reasons:

1. Violation of this chapter.

2. Violation of any rule issued pursuant to this chapter, including any existing federal meat inspection regulation incorporated by reference and adopted by the director.

3. Violation of title 36, chapter 8, article 1 or any provision of title 44, chapter 10, article 7.

4. Conviction of any offense under this chapter or title 36, chapter 8, article 1 or any offense involving fraud or misrepresentation.

B. Prior to taking any action under subsection A, the associate director shall provide a written notice stating the nature of the charge or charges against the holder of a license, permit, establishment number or meat inspection service granted under this chapter. The notice shall be served either personally or by mailing a copy thereof, certified mail, to the address last known to the department or to the chief veterinary meat inspector. The notice shall also inform the person of the right to a hearing on the action pursuant to title 41, chapter 6, article 10.

C. When the administrative law judge determines that a person who has a license, permit, establishment number or meat inspection service is subject to suspension or revocation for any reasons provided, the administrative law judge may, instead of suspending or revoking the license, permit, establishment number or meat inspection service, impose a civil penalty of not more than one thousand dollars for each violation as specified in subsection A. The administrative law judge may also, in combination with or in lieu of the civil penalty, impose probation with the period and conditions deemed necessary to protect the public health and safety and to allow the person on whom the probation is imposed to rectify the conditions found by the department.