Section 7222 - Vendor Removal from the Assigned Location(a) The following shall apply to vendor removal when initiated by the Department: (1) BEP shall immediately remove a vendor from his/her assigned location, if that vendor's actions or the conditions of the facility pose a significant risk to the health and safety of the public. Significant risk means any condition, based upon inspection findings or other evidence, including, but not limited to, unsafe food temperature, sewage contamination, nonpotable water supply or an employee who is a carrier of a communicable condition, that can cause: (C) Disease transmission.(2) Whenever a vendor is removed from his/her assigned location pursuant to (1), the BEP shall provide written notice to the vendor setting forth the following: (A) The acts or omissions with which the vendor is charged.(B) The specific code or regulation sections which have been violated.(C) The Department's intent to terminate the vendor's license.(D) The vendor's right to a full evidentiary hearing and the time frame for filing a request. 1. Failure to request a hearing within the time frame specified shall be deemed a waiver of the right to a full evidentiary hearing.(E) The need to take inventory in the presence of the BEP staff to determine the type and amount of stock on hand at the time of removal.(3) The facility shall be operated by an interim vendor until the status of the vendor's license is determined.(4) The Department shall be responsible for stock liquidation, if title to the stock is vested in BEP pursuant to Section 7219. The Department may sell the stock to the interim vendor or to any other vendor interested in purchasing the stock. If title to the stock is vested in the vendor, he/she shall be responsible for stock liquidation. The BEP shall assist the vendor in liquidating any perishable stock.(b) If building management requests removal of a vendor, the Department shall follow the process set forth in Section 19632(c) of the Welfare and Institutions Code.(c) The removal of a vendor, whether initiated by the Department or upon the request of the person, governing board, or legislative body having the care, custody and control of the property in which a vending facility is operated shall not require a finding of ineligibility for licensing. Any such finding of ineligibility for licensing shall occur only after the vendor has been given the opportunity for a full evidentiary hearing.(1) A vendor who prevails at the full evidentiary hearing, shall be reinstalled in his/her facility. Retroactive compensatory damages may only be obtained by way of civil action, if the basis for an action exists.(2) If the hearing officer finds in favor of the Department, the BEP may then terminate or suspend the vendor's license and advertise and award the location to another vendor.(d) If the vendor fails to file a request for a full evidentiary hearing regarding the proposed suspension or termination and good cause exists, as specified in Section 7213.2, the Department may either suspend or terminate the vendor's license and then advertise and award the location.Cal. Code Regs. Tit. 9, § 7222
1. Renumbering and amendment of former section 7222 to sections 7226, 7226.3, and 7226.4 and new section 7222 filed 2-4-93; operative 3-8-93 (Register 93, No. 6). Note: Authority cited: Sections 19006, 19016 and 19639, Welfare and Institutions Code. Reference: Sections 19006, 19016 and 19632, Welfare and Institutions Code; Randolph-Sheppard Act, 20 USC 107b(5); and 34 CFR 395.7.
1. Renumbering and amendment of former section 7222 to sections 7226,7226.3, and 7226.4 and new section 7222 filed 2-4-93; operative 3-8-93 (Register 93, No. 6).