Ala. Admin. Code r. 420-3-18-.04
Current through Register Vol. 43, No. 1, October 31, 2024
Section 420-3-18-.04 - Permits(1)General - It shall be unlawful for any person to operate any shellfish processing facility in Alabama unless such person possesses a valid permit issued by the State Health Officer for the operation of such facility. Only persons who comply with the provisions of these rules shall be entitled to receive and retain such permit. Permits shall not be transferable with respect to person or place and shall remain the property of the State Health Department. The permit may be suspended or revoked for violation of these rules.(2) When applications may be denied - Permit applications may be denied if: (a) The applicant fails to comply with these rules.(b) He/she has been the permittee or a key employee at a seafood processing facility that has had its permit revoked during the 90 days preceding the submittal of the application.(3)Conditions of issuance - Permits shall be issued in accordance with the following requirements:(a) Any person desiring to operate a shellfish processing facility shall make written application for a permit on forms prescribed by the State Health Officer, as shown in Appendix "A." Permits shall automatically expire on September 30 of each year or on a date designated by the State Health Officer and are renewable each year upon written application submitted within 120 days prior to expiration.(b) Prior to approval of an application for a permit, the State Health Officer shall inspect the proposed shellfish processing facility to determine compliance with the requirements of these rules.(c) The State Health Officer shall issue a permit to the applicant if his/her inspection reveals the proposed shellfish processing facility complies with the requirements of these rules.(d) Permits are issued only to applicants who meet the following inspection requirements:1. A Hazard Analysis Critical Control Point (HACCP) Plan for the facility is approved by the State Health Officer.2. There are no critical deficiencies found during the inspection for permit.3. There are no more than two (2) key deficiencies found during the inspection for permit.4. There are no more than three (3) other deficiencies found during the inspection for permit.(4) Permit denials, suspensions, and revocations - The State 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. The department shall fulfill any request for license or permit within 28 calendar days after receiving the application or notify the applicant of the reason for failure to issue the license or permit.
(5)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.(6)Suspension of permits - Permits may be suspended temporarily by the State Health Officer for failure of the permittee to comply with the requirements of these rules. (a) Notwithstanding the other provisions of these rules, whenever the State Health Officer finds conditions which, in his judgment, constitute an imminent hazard to the public health, he may without warning or notice, issue a written notice to the permittee citing such conditions and specifying the corrective action to be taken, 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 shellfish processing operations are to be immediately discontinued.(7)Revocation of permits - The State 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 State Health Officer in the performance of his or her duty or for failure to comply with the provisions of a notice of permit suspension issued under Rule 420-3-18-.04(6).(8) 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. The applicant shall demonstrate compliance with the requirements of these rules and shall specifically set forth any change in circumstances that would justify issuance of a new permit.Ala. Admin. Code r. 420-3-18-.04
Repealed and New Rule: Filed November 20, 2003; effective December 25, 2003. Amended: Filed July 23, 2012; effective August 27, 2012.Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 01, October 30, 2020, eff. 12/14/2020.Authors: Lewis A. Byrd, Ph.D., Christine Collins, Jeff McCool,
Greg Dunn, Byron Webb
Statutory Authority:Code of Ala. 1975, §§ 9-12-126, 22-2-2(6), 22-20-5.