Section 25-B3500. CRITERIA FOR SEEKING REMEDIES - CONDITIONS WARRANTING REMEDY  


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    3500.1The Department may seek an administrative or judicial remedy to achieve compliance with the provisions of this Code if a licensee, dealer, or person operating a food processing operation, or employee:

     

    (a)Fails to have a valid license or dealer certification as specified in section 3100;

     

    (b)Violates any term or condition of a license or dealer certification as specified in section 3108;

     

    (c)Fails to allow the Department access to a food processing operation as specified in section 3200;

     

    (d)Fails to comply with directives of the Department including time frames for corrective actions specified in inspection reports, orders, or warnings issued by the Department as specified in sections 3212 and 3214;

     

    (e)Fails to comply with a Department order issued as specified in section 3302 concerning an employee suspected of having a disease transmissible through food by an infected person;

     

    (f)Engages in prohibited conduct or practices as specified in chapter 36;

     

    (g)Fails to comply with an embargo or condemnation order as specified in this chapter;

     

    (h)Fails to comply with a summary suspension order by the Department as specified in this chapter; or

     

    (i)Fails to comply with an order issued as a result of an administrative hearing.

     

    3500.2The Department may simultaneously use one or more of the remedies listed in this chapter to address a violation of this Code.

     

source

Final Rulemaking published at 56 DCR 5245 (July 3, 2009).