Due process.
San Antonio City Code § 15-227
in effectSec. 15-227. - Due process.
(a) Remedies—Procedural safeguards.
(1) The remedies provided in this section are to be applied to the extent required to protect public health and assure food safety, in accordance with law and the department's rules for such procedures.
(2) An individual's rights to equal protection and due process are to be preserved when applying the remedies set forth in this article.
(b) Notices.
(1) A notice provided for in this article is properly served by any of the following methods:
a. Personally delivering the notice to the permit holder or the manager, operator or person in charge of the child care facility;
b. Sending the notice to the permit holder's last known address by registered or certified mail, or by other public means so that a written acknowledgement or receipt may be required;
c. Complying with any manner of service authorized for serving a civil process on an individual or organization, as appropriate; and
d. Having the notice personally served by any officer, employee or agent of the department, law enforcement officer or any individual authorized to serve a civil process.
(2) A suspension order or hold order should be delivered personally to the permit holder or person in charge, or the order may be clearly posted at a public entrance to the child care facility, provided a copy of the notice is also sent by first-class mail to the permit holder or to the owner or custodian of the child care facility, as appropriate.
(3) Service is effective at the time of the notice's receipt or if service is made under section 15-227(b)(2) at the time of the notice's posting.
(4) Proof of proper service may be made by affidavit of the individual making service or by admission of the receipt signed by the permit holder or his authorized agent.
(c) Hearings.
(1) The department shall hold hearings as required by this article.
(2) Hearings shall be conducted in accordance with applicable laws and administrative procedures.
(3) The department may appoint a hearing board to hear and make recommendations, concerning administrative remedies to achieve compliance with the provisions of this article to the director of health.
(4) This board may be composed of a department representative, a qualified hearing officer or independent board members, as appointed by the department.
(5) The hearing board may make recommendations to the director of health as follows:
a. Suspending, revoking, modifying or imposing reasonable restrictions or conditions on a permit to operate a child care facility, or recommending the closure of any child care facility that is being operated without a valid permit as required by section 15-222(a);
b. Issue orders to abate or correct violations of this Code and establishing a schedule for the abatement or corrections of violations;
c. Deferring or suspending the imposition or execution of a decision and order, and imposing a probationary period, upon the condition that the respondent comply with the hearing board's reasonable terms and conditions;
d. Approving the offer of a consent agreement, including the terms, conditions, penalties and a waiver of the right to a hearing, entered into by the department and the respondent after a hearing notice has been served;
e. Ordering reinspection of a facility to determine compliance with a hearing board's order;
f. Assessing, levying, suspending or ordering the payment of any applicable fee established by the department for any reinspection required, and for the reinstatement of a permit after suspension.
(6) A hearing proceeding commences at the time the department notifies the respondent of the hearing proceeding.
(7) A hearing notice is to contain the following information:
a. Purpose of the hearing;
b. Time, date and place of the hearing;
c. Facts that constitute the basis or reason for the hearing;
d. The rights of the respondent including the right to be represented by counsel and to present witnesses and evidence on their behalf.
(8) Hearing procedures:
a. Hearings are to be conducted in an expeditious, fair and impartial manner;
b. A complete record of the proceedings is to be prepared and maintained, although a verbatim transcript of the hearing is not required.
c. The parties to a hearing have the right to be represented by counsel, to examine and cross-examine witnesses and to present evidence in support of their position.
d. The department is to present at the hearing its evidence, orders, directives and reports related to the proposed or appealed remedy. Written evidence may be received, if it will expedite the hearing without substantial prejudice to any party's interests. Documentary evidence may be received in the form of a copy or excerpt.
(d) Summary permit suspension. The department may suspend a permit to operate a child care facility when it determines through inspection, examination of food, records, employees or other means, as provided in this Code, that the principles of food-borne illness prevention and child health and safety cannot be assured in the continued operation of the child care facility.
The permit may be summarily suspended without prior warning, notice of a hearing, or hearing upon providing written notice of the summary suspension to the permit holder or person in charge. The summary suspension notice is to:
(1) State that the child care facility permit is immediately suspended and that all food operations are to immediately cease;
(2) State the reasons for summary suspension with reference to the sections of this Code which are in violation;
(3) Provide the name and address of the department representative to whom a written request for reinspection can be made and who can certify that reasons for the suspension have been eliminated; and
(4) State that the permit holder has the right to an appeal hearing upon submission of a written request within ten (10) days of receiving this notice.
The summary suspension will remain in effect until the conditions cited in the notice of suspension no longer exist and their elimination has been confirmed by the department during a reinspection.
The department will conduct a reinspection of the child care facility within forty-eight (48) hours of receiving a written request.
The suspended permit is to be reinstated immediately if reinspection by the department determines that the public health hazard no longer exists and a notice of reinstatement is to be provided to the permit holder or person in charge.
(e) Restriction of infected or diseased employees. The department may prohibit a person from working when it has reasonable cause to believe an employee of a child care facility has a possible transmitted disease; may be infected with a disease in a communicable form which is transmissible through food; may be a carrier of organisms that cause such diseases; or is affected with a boil, an infected wound or acute respiratory infection.
(Ord. No. 69216, § 1(8), 4-6-89)
Source: City of San Antonio, City Code, City Charter and Unified Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/tx/san_antonio/codes/code_of_ordinances?nodeId=PTIICO_CH15HE_ARTIXRECHCAFA_S15-227DUPRFetched: 10/27/2026