18 AAC 80.439. Revocation of approval

(a) The department may revoke an approval that was issued under 18 AAC 80.435 or 18 AAC 80.438 if the department finds that

(1) fraud or deceit was used to obtain approval;

(2) the sanitary survey inspector has substantially or willfully violated a requirement of this chapter;

(3) the sanitary survey inspector failed to identify, document, or report a significant or critical deficiency; or

(4) the sanitary survey inspector's performance was otherwise deficient or negligent.

(b) if the department revokes a sanitary survey inspector's approval issued under 18 AAC 80.435 or 18 AAC 80.438, the department will send the sanitary survey inspector a notice that states

(1) the grounds for the revocation;

(2) that the revocation begins 30 days after the date of the notice;

(3) that the sanitary survey inspector may not perform sanitary surveys on or after the date when the revocation begins; and

(4) that the sanitary survey inspector may appeal the revocation in accordance with 18 AAC 80.1920 within 15 days after receiving the department's notice and may request an adjudicatory hearing under 18 AAC 80.1920 within 30 days after receiving the notice.

(c) A sanitary survey inspector whose certification has been revoked under (a) of this section may not apply for re-certification for 12 months after the date of revocation and must complete the requirements of 18 AAC 80.435(b) .

History: Eff. 1/11/2006, Register 177

Authority: AS 46.03.020

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