1. (1) If the registration is conditionally denied, the Department shall provide the applicant with a written notification within five business days that includes:

   1. (a) the specific reasons for the food establishment's registration denial; and
   2. (b) the applicant's right to appeal as provided for in Section R51-2.

2. (2) Upon receipt of the notice of conditional denial, the applicant may:

   1. (a) correct deficiencies and submit a description of the corrective actions; or
   2. (b) submit written information to rebut the deficiencies described in the notice; or
   3. (c) request an informal hearing, no later than ten business days after receipt of the notice.

3. (3) After receiving a written notification from the applicant stating that the deficiencies cited in the notice of conditional denial no longer exist, the Department shall:

   1. (a) evaluate the applicant's corrective actions and supporting documentation or the written rebuttal;
   2. (b) conduct an on-site re-inspection, if necessary, within three business days after receipt of written notification or correction;
   3. (c) issue the registration when the corrective action or rebuttal is sufficient;
   4. (d) deny the registration when the corrective action or rebuttal is not sufficient; or
   5. (e) issue a written notice of denial to an applicant who fails to respond to the notice of conditional denial.

KEY: food inspection

Date of Last Change: December 14, 2007

Notice of Continuation: August 2, 2022

Authorizing, and Implemented or Interpreted Law: 4-5-2(5); 4-5-2(9)(b)(ii); 4-5-9(1)(a)