Section He-P 2155.01 - Enforcement Actions and Notice of Right to Appeal(a) The department shall impose enforcement actions for violations of RSA 143:20-28, He-P 2150-2159, or the NSSP Guide, as incorporated by reference in He-P 2152.01, as applicable, including the following: (1) Imposing administrative fines upon an applicant, certificate holder, or any decertified dealer in accordance with He-P 2155.02;(2) Denying a certificate application in accordance with He-P 2155.03;(3) Revoking a certificate in accordance with He-P 2155.03;(4) Ordering embargo of contaminated or adulterated products, including condemning and seizing products, in accordance with RSA 146:20 and (d) below;(5) Ordering the certificate holder to cease and desist all operations in the event of a threat to the public health and safety in accordance with RSA 143:5-a, RSA 541-A:30, III, or both; and(6) Ordering a person or entity to cease and desist all operations in the event that the person or entity is operating without a valid certificate.(b) When the certificate holder fails to comply with He-P 2154.02 (a) above, the department shall immediately begin actions to revoke the certificate holder's certification.(c) Product affected by a critical deficiency shall be controlled to prevent contaminated or adulterated product from reaching consumers. When necessary the department shall: (1) Detain or seize any undistributed lots of shellfish that might have been adulterated;(2) Initiate a recall of any distributed shellfish; and(3) Immediately notify FDA's enforcement officials and any other relevant authorities.(d) When denying a certificate application, imposing a fine, or revoking a certificate, the department shall send to the applicant or certificate holder a written notice that sets forth:(1) The action to be taken by the department;(2) The reasons for the action, including the identification of each deficiency; and(3) The right of the applicant, certificate holder, or other person or entity to request a hearing in accordance with RSA 541-A, He-C 200, and He-P 2155.04.(e) No ongoing enforcement action shall preclude the imposition of any remedy available to the department under RSA 143, RSA 541-A:30, III, or He-P 2150-2159.N.H. Admin. Code § He-P 2155.01
Derived from Volume XXXIV Number 46, Filed November 13, 2014, Proposed by #10704, Effective 10/23/2014, Expires10/23/2024.Amended by Number 10, Filed March 9, 2023, Proposed by #13569, Effective 2/25/2023, Expires 2/25/2033.