(a) The Secretary may refuse to provide or discontinue, for certain periods of time or indefinitely, as he may deem necessary to effectuate the purposes of this chapter, the inspection service under the provisions of this chapter with respect to any establishment if he determines, after opportunity of a hearing is given to the applicant or recipient, that said applicant or recipient is unfit to engage in the businesses requiring inspection under the provisions of this chapter, because the applicant or recipient or other person responsibly connected with them has been convicted by a federal or state court of:
(1) Any felony, or more than one (1) misdemeanor based on the violation of any law for acquiring, handling or distributing unwholesome, misbranded or deceptively packed food; or for fraud, in connection with transactions of food.
(2) Any felony involving fraud, extortion, bribery, or any acts or circumstances indicating a lack of the moral integrity needed to conduct transactions affecting public health.
For the purpose of this section, a person shall be deemed to be responsibly connected with the business if he was a member, officer, director, stockholder or owner of ten percent (10%) or more of its voting stock or an employee in a managerial or executive capacity.
(b) Once the inspection service is withdrawn from any official establishment for failure to destroy poultry products condemned under the provisions of this chapter, or for failure of an establishment to comply with the requirements of this chapter as to premises, facilities and equipment or the adequate operation thereof, as provided in § 745 of this title, or in case of refusal of inspection service to any applicant because of failure to comply with the requirements of § 745 of this title, the Secretary may, at the applicant’s request, grant an administrative hearing with respect to the merits of said action; nevertheless, the withdrawal or refusal to grant the services shall continue in effect.
(c) The determination and order of the Secretary when made after an administrative hearing to withdraw or refuse inspection services under the provisions of this chapter shall be final and conclusive, unless the applicant or recipient affected by said determination and order requests judicial review thereof within thirty (30) days after date of notice of such order in the Court of First Instance, as provided herein. The judicial review shall be upon the record on which the determination and order are based.
History —July 7, 1971, No. 10, p. 601, § 14.