(a) If the applicant or licensee or other person in charge refuses to allow the inspector to enter and inspect the premises without good cause as described in (b), below, the inspector shall:
- (1) Inform the individual of the obligation to allow the inspection;
(2) Advise the individual that:
- a. If the inspection is a required part of a licensing process for initial licensure, the applicable rules require the application to be denied if the inspection is not completed; and
- b. If the inspection is not related to a license application but is a routine inspection, the refusal to allow the inspection will result in a complaint being filed against the licensee for uncooperative behavior; and
- (3) Request again to be allowed to enter and inspect the regulated place of business.
(b) Good cause to refuse to allow an inspector to enter and inspect the regulated place of business shall be limited to:
- (1) Conditions being present that render the premises unsafe for human occupation, such as a gas leak or fire, or the presence of someone with a highly contagious disease; or
- (2) A documented legal prohibition on entering the premises.
(c) If an inspector is refused entry, the inspector shall:
- (1) Document the date and time of the refusal, the reason(s) given for the refusal if any, and the identity of the individual who refused to allow entry; and
(2) After returning to the office, either:
- a. Inform the licensing bureau that the applicant failed the inspection, for an inspection required for an initial license; or
- b. File a complaint against the licensee with the applicable board based on uncooperative behavior, for a routine inspection.
(d) If the individual denying entry is claiming that the premises are unsafe for human occupation, the inspector also shall:
- (1) Document the specific condition(s) that have caused the premises to be unsafe; and
- (2) Provide assistance in notifying emergency response personnel if such assistance is needed.
Source. #14031, eff 8-15-24