Section 785.1170  Suspension of License

The Department shall suspend licenses in accordance with the provisions of the Act and the Rules of this Part and the following:  

a)         All suspensions, except summary suspensions, shall be preceded by the notice and opportunity for a hearing in accordance with Section 785.1200 of this Part.  All summary suspension shall be based upon violations of the Act, or the rules of this part which constitute a finding that the public interest, safety or welfare imperatively requires such action in accordance with Section 16(c) of the Illinois Administrative Procedures Act (Ill. Rev. Stat. 1985, ch. 127, par. 1016(c)).  In addition, all summary suspensions shall be followed by notice and an opportunity for a hearing in accordance with Section 785.1200 of this Part.

b)         If a manufactured dairy farm, milk hauler, or manufactured dairy plant receives two suspensions in six 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 proceeding will be initiated pursuant to Section 785.1200 of this Part.

c)         When successive inspection 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 shall be enforced.

d)         The suspension policies may be waived as determined by the inspector's professional judgement dependent upon the amount of time required for the license 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.