§ 21-359 — Revocation of certificate

§ 21-359. - Revocation of certificate.

(a) The regulatory authority may, after providing opportunity for hearing, revoke a food service operator's certificate for numerous critical violations of the Food Service Sanitation Ordinance as adopted in Section 21-321, or for interference with the regulatory authority in the performance of its duty, or for a fraudulent statement on the holder's application, or for fraudulent use of the certificate. (b) The hearings provided for in this division shall be conducted before a three-member panel composed of one representative from the Board of Health, one representative from the food service industry selected by the Oklahoma Restaurant Association, and one representative to be selected by the Mayor. (c) Prior to revocation, the regulatory authority shall notify, in writing, the holder of the certificate, the person in charge of the food service establishment, and the person owning, operating or managing the food service establishment of the specific reason(s) for which the certificate is to be revoked and the certificate shall be revoked at the end of the ten days following service of such notice unless a written request for hearing is filed with the regulatory authority within such ten-day period. If no request for hearing is filed within the ten-day period, the revocation of the certificate becomes final. (d) A notice provided for in this division is properly served when it is delivered to the holder of the certificate, the person in charge of the food service establishment, and the person owning, operating or managing the food service establishment, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the certificate, the person in charge of the food service establishment, and the person owning, operating or managing the food service establishment. A copy of the notice shall be placed in the records of the regulatory authority. (e) The hearings provided for in this division shall be conducted by the panel at a time and place designated by it. Any oral testimony given at the hearing shall be recorded verbatim, and the presiding officer shall make provision for sufficient copies of the transcript for all parties. The panel shall make a final finding based upon the complete hearing record and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the certificate and the owner of the food service establishment by the panel. (f) Any operator or employee whose certificate has been revoked as provided in this section may appeal from such action to the District Court having jurisdiction of the parties hereto. Upon such appeal, the matter shall be tried de novo. (g) Whenever a revocation of a certificate has become final, the holder of the revoked certificate may make written application for a new certificate after a six-month waiting period from the date of the revocation and after repeating an approved course as outlined in Section 21-356(2) of this division.

(Ord. No. 17550, § 1(16-145), 2-21-84; Code 1980, § 21-242)