Section 775.60  Suspension of Permits

The Department will suspend permits in accordance with the provisions of Sections 3, 5 and 6 of the PMO and the following:

a)         All suspensions, except summary suspensions, will be preceded by the notice and opportunity for a hearing in accordance with Section 775.90.

b)         All summary suspensions will be based upon violations of the Act, the PMO or this Part that constitute a finding that the public interest, safety or welfare imperatively requires the action in accordance with Section 10-65(d) of the Illinois Administrative Procedure Act.  All summary suspensions will be followed by notice and an opportunity for a hearing in accordance with 775.90 of this Part.

c)         If a dairy farm, milk hauler-sampler, receiving and transfering station, cleaning and sanitizing facility or milk plant receives two suspensions in 12 months, an informal conference will be held to discuss corrective measures. If the violations resulting in the most recent suspension are not corrected after this conference, administrative hearing proceedings will be initiated pursuant to Section 775.90 of this Part.

d)         When successive inspections pursuant to Section 5 of the PMO disclose violations of the same requirement that directly reflect on the health of the public, such as unclean equipment and improper temperature requirements, the suspension policy in Section 5 shall be enforced.

e)         The suspension policies in the PMO may be waived as determined by the inspector's professional judgment, dependent upon the amount of time required for the permit holder to make the necessary corrections, the reasonableness of requiring corrections prior to the next inspection, and the potential for a health hazard created by the violation.

(Source:  Amended at 37 Ill. Reg. 7166, effective May 13, 2013)