W. Va. Code R. § 64-102-5

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-102-5 - Denial, Suspension, or Revocation

5.1 A health officer may deny approval of a uniform farmers market vendor permit for failure to meet the requirements of W. Va. Code §§ 19-35-1et. seq., as applicable, or the provisions of this rule series. If a health officer determines to deny approval of permit, the health officer will notify the applicant or vendor by a notice identifying the reasons for the determination. The notice will be delivered by either registered or certified mail.

5.2. A health officer may suspend a uniform farmers market vendor permit for failure to meet the requirements of W.Va. Code §§ 19-35-1et. seq., as applicable, or the provisions of this rule series. If a health officer determines to suspend a permit, the health officer will notify the applicant or vendor by a written notice identifying the reasons for the determination. The notice will be delivered in person or by either registered or certified mail.

5.3. A health officer may revoke a uniform farmers market vendor permit for repeated or serious violations of any of the requirements of W.Va. Code §§ 19-35-1et. seq., as applicable, or the provisions of this rule series or for interference with the health officer in the performance of his or her duties. If a health officer determines to revoke a permit, the health officer will notify the applicant or vendor by a written notice identifying the reasons for the determination. The notice will be delivered in person or by either registered or certified mail.

5.4. A health officer who suspends or revokes a permit must notify all health departments within the jurisdictions identified on the vendor permit at which the vendor is authorized to sell farm and food products at farmers markets.

5.5. A denial, suspension or revocation will become final 30 days after the delivery of the notice of denial, suspension or revocation notice unless the applicant or vendor, within that 30-day period, gives written notice of a request for a hearing. Hearings will be conducted in accordance with the Administrative Procedure Act ( W.Va. Code §§ 29A-5-1et. seq.), and the Bureau for Public Health rule series, Rules of Procedure for Contested Case Hearings and Declaratory Rulings (64 CSR 1).

5.6. A health officer may not approve or reinstate a uniform farmers market vendor permit until he or she determines by an inspection that the farmers market vendor is in compliance with all applicable provisions of this rule and any orders, rules or instructions issued by the health officer.

W. Va. Code R. § 64-102-5