Section 775.60  Suspension of Permits

The Department shall suspend permits in accordance with the provisions of Sections 3,5 and 6 of the PMO and the following:

a)         All suspensions, except summary suspensions, shall be proceeded by the notice and opportunity for a hearing in accordance with Section 775.90 of this Part. All summary suspensions shall be based upon violations of the Act, the PMO or this Part which constitute a finding that the public interest, safety or welfare imperatively requires such action in accordance with Section 10-65(d) of the Illinois Administrative Procedure Act [5 ILCS 100/10-65]. In addition, all summary suspensions shall be followed by notice and an opportunity for a hearing in accordance with 775.90 of this Part.

b)         If a dairy farm, milk hauler-sampler, receiving and transfering station, cleaning and sanitizing facility or milk 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 775.90 of this Part.

c)         When successive inspections pursuant to Section 5 of the PMO 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 in Section 5 shall be enforced.

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

(Source:  Amended at 27 Ill. Reg. 15979, effective October 1, 2003)