Rule 40-7-12-.16 - Compliance and Enforcement Procedures(1) Suspension of Permits. Whenever the Department has reason to believe that the operator of a shellfish activity or operation has created or is responsible for conditions that may render shellfish to become adulterated or be misbranded, the permit or certificate may be suspended or revoked upon notice to the permit or certificate holder.(2) Reinstatement of Suspended Permits. Any person whose permit has been suspended may, at any time, make application for a reinspection for the purpose of reinstatement of the permit. Following receipt of a written request, including a statement signed by the applicant that in his or her opinion the conditions causing suspension of the permit have been corrected, the Department shall make a reinspection. If the applicant is complying with the requirements of these regulations, the permit shall be reinstated. Summaries of the finding of reinspection shall be provided to the facility at the conclusion of the inspection.(3) Revocation of Permits. For serious or repeated violations of any of the requirements of these regulations, or for interference with the Department in the performance of its duties, the permit or certificate may be revoked. Prior to such action, the Department shall issue notice, in writing, stating the reasons for which the permit or certificate is subject to revocation and advising that the permit or certificate shall be permanently revoked at the end of 15 days following servicing of such notice, unless a request for a hearing is filed with the Department within such 15 day period. If no written request for a hearing is filed within the 15 day period, revocation becomes final. A permit or certificate may be suspended for cause pending its revocation or a hearing relative thereto.(4) Stop Sale or Disposal of Shellfish. (a) When it has been determined by the Department that shellfish have not been grown, harvested, stored, treated, transported, handled, shucked, packed, or offered for sale in compliance with these regulations, those shellfish shall be deemed adulterated.(b) Shellfish or shellfish products determined to be adulterated or improperly identified shall be subject to stop sale or disposal by the Department. The Department may temporarily or permanently issue an order to stop sale, condemn, destroy, or otherwise dispose of all shellfish or shellfish containers found to be adulterated or improperly identified.(c) All adulterated shellfish shall be disposed of at the discretion of the Department.(d) Shellfish designated for a specific process not conducted in this state will be withheld from sale, condemned, destroyed or otherwise disposed of.(5) Serving of Notices. A notice provided for these regulations is properly served when it is delivered to the permit holder or when it is sent by registered or certified mail, return receipt requested, to the last known address of the permit holder. A copy of any such notice shall be filed in the records of the Department.Ga. Comp. R. & Regs. R. 40-7-12-.16
O.C.G.A. Secs. 26-2-20, 26-2-310et seq.
Original Rule entitled "Compliance Procedures" adopted. F. Sept. 27, 1993; eff. Oct. 17, 1993.Amended: F. Dec. 13, 1996; eff. Jan. 2, 1997.Amended: Rule retitled "Compliance and Enforcement Procedures". F. Jan. 10, 2001; eff. Jan. 31, 2001, as specified by Agency.