901:2-2-05 Notification, appeals, and actions held in abeyance.

(A) Whenever a program employee takes a withholding action or imposes a suspension without prior notification as provided for in paragraph (A) of rule 901:2-2-04 of the Administrative Code, the establishment shall promptly receive a written notice:

(1) Stating the effective date of the action,

(2) Describing the reasons for the action,

(3) Identifying the products or processes affected by the action,

(4) Provide the establishment an opportunity to present immediate and corrective action and further planned preventive action; and,

(5) Advising the establishment that it may appeal the action in accordance with division (D) of section 918.08 or division (C) of section 918.28 of the Revised Code.

(B) Whenever a program employee takes a withholding action or imposes a suspension with prior notification as provided for in paragraph (B) of rule 901:2-2-04 of the Administrative Code, the written notice shall:

(1) State the type of enforcement action the program employee proposes to take;

(2) Describe the reason for the proposed enforcement action;

(3) Identify the products or processes affected by the proposed enforcement action; and,

(4) Inform the establishment that it has a right to appeal the notice of proposed enforcement action in accordance with division (D) of section 918.08 or division (C) of section 918.28 of the Revised Code by filing a notice of appeal with the department within three business days of receipt of the notice.

(C) If the program employee takes a withholding action or suspends inspection and does not hold the progressive enforcement action in abeyance as provided in paragraph (D) of this rule, the establishment may request a hearing pursuant to Chapter 119. of the Revised Code. Upon receipt of a request, the director shall schedule an expedited hearing.

(D) The program employee may hold a progressive enforcement action in abeyance and allow the establishment to operate under the conditions agreed to by the program employee and the establishment.

R.C. 119.032 review dates: 02/23/2010 and 02/23/2015
Promulgated Under: 119.03
Statutory Authority: 918.04 , 918.28
Rule Amplifies: 918.08 , 918.28
Prior Effective Dates: 2/4/02