SECTION 229.374. Refusal, Revocation, or Suspension of a Permit; Administrative Penalties

(a) Basis. The department may refuse an application for a permit or may revoke or suspend a permit for violations of the requirements of §229.372 of this title (relating to Permitting Fees and Procedures) or §229.373 of this title (relating to Minimum Standards for Permitting and Operation), or for interference with a department representative in the performance of their duties under these sections.

(b) Hearings. Any hearings for the refusal, revocation, suspension of a permit are governed by §§1.21, 1.23, 1.25 and 1.27 of this title (relating to Formal Hearing Procedures).

(c) Reinstatement. A former permit holder may apply for reinstatement of a suspended permit by demonstrating that corrections and controls have been implemented to prevent recurrence of violative conditions. The department may reinstate the permit after the department has determined that the food establishment no longer poses a risk to public health and safety. The department may also require employees of a food establishment to successfully complete a department accredited training course on food safety principles prior to the reinstatement of the permit.

(d) Administrative penalties. Administrative penalties, as provided in the Health and Safety Code, §437.018, and in §229.261 of this title (relating to assessment of Administrative or Civil Penalties), may be assessed for violation of these sections.

Source Note: The provisions of this §229.374 adopted to be effective March 19, 2000, 25 TexReg 2076; amended to be effective January 1, 2005, 29 TexReg 11982