3202.1 Within the parameters specified in section 3201, the Department shall prioritize and conduct more frequent inspections based upon its assessment of a food processing operation's history of compliance with this Code and its potential as a vector of foodborne illness by evaluating:

1. (a) Past performance for numerous or repeat critical violations of this Code or HACCP Plan requirements;
2. (b) Past performance for numerous or repeat violations of this Code or HACCP Plan requirements that are noncritical violations;
3. (c) Past performance, for complaints investigated and found to be valid;
4. (d) The hazards associated with particular foods that are processed, prepared, stored, purchased, transported, held, shipped, packaged, or received; and
5. (e) The type of operation.

SOURCE: Final Rulemaking published at 56 DCR 5245 (July 3, 2009).