Section 481.30.10. Denial, suspension, or revocation of a license to operate.

 Notice of denial, suspension or revocation of a license will be provided by the department and shall be effective 30 days after mailing or personal service of the notice.

         30.10(1) Immediate suspension of license. To the extent not inconsistent with Iowa Code chapters 17A, 137C, 137D, and 137F and rules adopted pursuant to those chapters, chapter 8 of the Food Code shall be adopted for food establishments and home food establishments. The department or contractor may immediately suspend a license in cases of an imminent health hazard. The procedures of Iowa Code section 17A.18A and Food Code chapter 8 shall be followed in cases of an imminent health hazard. The appeal process in rule 481—30.11(10A,137C,137D,137F) is available following an immediate suspension. The department may immediately suspend the license of a food processing plant or hotel if an imminent health hazard finding is made and the procedures of Iowa Code section 17A.18A are followed.

         30.10(2) Criminal offense—conviction of license holder.

            a.               The department may revoke the license of a license holder who:

             (1)             Conducts an activity constituting a criminal offense in the licensed food establishment; and

             (2)             Is convicted of a felony as a result.

            b.               The department may suspend or revoke the license of a license holder who:

             (1)             Conducts an activity constituting a criminal offense in the licensed food establishment; and

             (2)             Is convicted of a serious misdemeanor or aggravated misdemeanor as a result.

            c.               A certified copy of the final order or judgment of conviction or plea of guilty shall be conclusive evidence of the conviction of the license holder.

            d.               The department’s decision to revoke or suspend a license may be contested by the adversely affected party pursuant to the provisions of rule 481—30.11(10A,137C,137D,137F).

This rule is intended to implement Iowa Code chapters 17A, 137C, 137D and 137F.

[ARC 1190C, IAB 11/27/13, effective 1/1/14]