Ala. Admin. Code r. 420-3-21-.04

Current through Register Vol. 43, No. 02, November 27, 2024

Section 420-3-21-.04 - Enforcement Provisions

(1)Permits - It is unlawful for any person to operate a camp unless such person possesses a valid permit issued by the Health Officer for the operation of such camp. Only persons who comply with the provisions of these rules shall be entitled to receive and retain a permit. Such permit shall automatically expire on the date upon which State, County and Municipal annual privilege licenses expire or on a date designated by the State Health Officer and shall be renewable each year upon application from the operator at any time within 60 days prior to the date of its expiration; or for those camps that are not in continuous operation, application shall be made within 60 days prior to the opening date of the camp. Such permit shall be issued on a form prescribed by the Health Officer, shall be specific as to type of operation (resident camp, day camp), and shall be revocable for violation of these rules. The permit shall be kept posted by the proprietor in a conspicuous place within the camp office or similar location as directed by the Health Officer but shall remain the property of the Health Department.

(a) Any person desiring to operate a day camp or resident camp shall make written application to the county health officer for a permit on forms provided by the State Health Officer. Such application shall include: the applicant's full name, post office address, telephone number, and whether such applicant is an individual, firm, or corporation, and if a partnership, the name of the partners, together with their address shall be included; the location and type of the proposed camp; and the signature of the applicant or applicants.

(b) Upon receipt of an application for a permit, the Health Officer shall make an inspection of the camp site to determine compliance with the provisions of these rules. When inspection reveals satisfactory compliance with applicable requirements of these rules, a permit signed by the Health Officer shall be issued. It shall be the responsibility of the Health Officer to conduct no less than one additional inspection while the camp is in operation. The original copy of each inspection report shall be left with the proprietor or manager and shall constitute a legal notice. A copy of each inspection report shall be filed at the County Health Department.

(2)Permit denials, suspensions, and revocations - The Health Officer's denial, suspension and/or revocation of a permit shall be governed by the Alabama Administrative Procedure Act, § 41-22-1, et seq., Code of Alabama 1975.

(3)Hearings - Contested case hearings shall be provided in accordance with the Alabama Administrative Procedure Act, § 41-22-1, et seq., Code of Alabama 1975, and the State Board of Health's Contested Case Hearing Rules, Chapter 420-1-3. Informal settlement conferences may be conducted as provided in the State Board of Health's Contested Case Hearing Rules, Chapter 420-1-3.

(4)Suspension of permits - Permits may be suspended temporarily by the Health Officer for failure of the permit holder to comply with the requirements of these rules.

(5)Revocation of permits - The Health Officer may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the Health Officer in the performance of his duty or for failure to comply with the provisions of a notice of permit suspension issued under 420-3-21-.04(4).

(6)Application after revocation - Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit after 90 days from the date of revocation.

(7) Survey and Training - The State of Alabama, Department of Public Health, shall make Camp Sanitation Surveys and Program Evaluations as deemed necessary by the State Health Officer. Surveys shall be made in accordance with the provisions of these rules and results incorporated in the annual Alabama Public Health Report. The Department shall provide education and training in camp sanitation and in regulation interpretation, standardized inspection techniques, and enforcement procedures for lodging program personnel.

Ala. Admin. Code r. 420-3-21-.04

Filed December 19, 1985. Amended: Filed March 21, 2005; effective April 25, 2005. Amended: Filed September 17, 2009; effective October 22, 2009.

Authors: Ronald Dawsey, Mark Sestak

Statutory Authority:Code of Ala. 1975, §§ 22-2-2(6), 22-20-5, 34-15-3.