Section 2-17 - Summary Suspension (a) The regulatory authority may summarily suspend a license to operate an establishment or processing plant if it determines through inspection, or examination of food employees, food, records, or other means as specified in this Rule, that an imminent health hazard exists including, but not limited to, fire, flood, extended interruption of electrical or water service, sewage backup, or after consultation with the Health Officer. - (i) The regulatory authority may summarily suspend a license by providing written notice of the summary suspension to the license holder or the person in charge without prior warning, notice of a hearing, or a hearing.
- (ii) A summary suspension notice shall state:
- (A) That the license is immediately suspended and that all operations shall immediately cease;
- (B) The reasons for summary suspension with reference to the provisions of this Rule that are in violation;
- (C) The type of imminent threat to the public health that may be caused by the violation;
- (D) The name and address of the regulatory authority representative to whom notice for re-inspection may be made and who may certify that reasons for the suspension are eliminated;
- (E) The license holder may request a contested case hearing within five (5) business days of the summary suspension. The regulatory authority shall hold a hearing, if requested, within ten (10) business days of the summary suspension; and
- (F) The name and address of the regulatory authority representative to whom a request for a contested case hearing may be made.
- (iii) The regulatory authority shall conduct a re-inspection of the establishment or processing plant for which the license was summarily suspended within 48 hours after receiving notice from the license holder stating that the conditions cited in the summary suspension order no longer exist.
- (iv) A summary suspension shall remain in effect until the conditions cited in the notice of suspension no longer exist and their elimination has been confirmed by the regulatory authority through re-inspection and other means as appropriate or until a court of competent jurisdiction otherwise orders.
- (v) The suspended license shall be reinstated immediately if the regulatory authority determines that the imminent health hazard no longer exists. A notice of reinstatement shall be provided to the license holder or person in charge.
010-2 Wyo. Code R. § 2-17