Ala. Admin. Code r. 420-3-11-.18

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-3-11-.18 - Permits

(1) General - It shall be unlawful for any person to operate a hotel in Alabama unless such person possesses a valid permit issued by the Health Officer for the operation of such hotel. Only persons who comply with the provisions of these rules shall be entitled to receive and retain such a permit. Permits shall not be transferable with respect to person, hotel, or location. The permit shall be kept posted by the proprietor in a conspicuous place within the hotel, but shall remain the property of the Health Department. The permit shall be revocable for violation of these rules.

(2) Issuance of Permits

(a) Any person desiring to operate a hotel shall make written application for a permit on forms provided by the Health Officer. Such application shall include the name and address of the proposed hotel; the name and address of the proprietor and the signature of each applicant.

(b) The permit for operation of a hotel shall be issued on forms prescribed by the State Health Officer. Permits shall automatically expire on the date upon which state, county and municipal annual privilege licenses expire or on a date designated by the Health Officer, and shall be renewable each year upon written application from the operator within 90 days prior to date of expiration and upon compliance with the laws and rules.

(c) Prior to approval of an application for a permit, the Health Officer shall inspect the proposed hotel to determine compliance with the requirements of these rules.

(d) The Health Officer shall issue a permit to the applicant if his/her inspection reveals that the hotel complies with the requirements of these rules.

(3)Permit denials, suspensions, and revocations - The Health Officer's denial, suspension and/or revocation of a permit shall be governed by the Alabama Administrative Procedure Act, § 41-22-1, et. seq., Code of Ala. 1975.

(4)Hearings - Contested case hearings shall be provided in accordance with the Alabama Administrative Procedure Act, § 41-22-1, et seq., Code of Ala. 1975, and the State Board of Health's Contested Case Hearing Rules, Chapter 420-1-3, Informal settlement conferences may be conducted as provided in the State Board of Health's Contested Case Hearing Rules, Chapter 420-1-3.

(5)Suspension of permits - Permits may be suspended temporarily by the Health Officer for failure of the permit holder to comply with the requirements of these rules.

(a) Notwithstanding the other provisions of these rules, whenever the Health Officer finds insanitary or other conditions in the operation of a hotel which, in his/her judgment, constitutes an imminent health hazard to the public's health, he/she may, without warnings, issue a written notice to the permit holder or operator citing such conditions, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken; and, if deemed necessary, such order shall state that the permit is immediately suspended, and all hotel operations shall be immediately discontinued. Any person to whom such order is issued shall comply immediately therewith. Immediate suspension initiated without a hearing shall only occur upon personal order to the State/County Health Officer or the Public Health Area Environmental Director.

(6) Revocation of permits - The health Officer may, after providing opportunity for hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the Health Officer in the performance of his duty or for failure to comply with the provisions of a notice of permit suspension issued under (5).

(7) Application after revocation - Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit after 90 days from the date of revocation.

Ala. Admin. Code r. 420-3-11-.18

Filed September 1, 1982. Repealed and Replaced: Effective March 26, 1993. Amended: December 20, 2006; effective January 24, 2007. Amended: Filed September 17, 2009; effective October 22, 2009.

Rule was renumbered to as per certification filed December 20, 2006; effective January 24, 2007.

Authors: Ronald Dawsey, Mark Sestak

Statutory Authority:Code of Ala. 1975, §§ 22-2-2, 34-15-3.