SECTION 35:37-13-4. Suspension and revocation

(a)   The Department shall immediately, upon receipt of the appropriate analysis, or upon a second consecutive inspection disclosing gross neglect of cleaning of milk contact surfaces, or upon refusal of permission to inspect a facility, notify and suspend the permit of a dairy farm or milk plant in accordance with the provisions of 2 O.S. Section 7-410. The Department may, after providing notice of intent, suspend or revoke a permit upon a finding of continuing and multiple violations of the Milk and Milk Products Act. The Department may summarily suspend a permit when public health, safety, or welfare imperatively requires such, in accordance with the Administrative Procedures Act. In all cases, opportunity shall be provided for a hearing upon the request of the permit holder.

(b)   Notices provided for in 35:37-13-4(a) to the permit holder, shall be made in person, by posting on the premises or by mail, or to the designee of the permit holder according to the election made at the time of application for the permit. The Department may, for those facilities that have not had an opportunity to designate, presume that the Producer Association or company that purchases milk has been designated. Notices provided for in 35:37-13-4(a) shall contain a short and plain statement of the violation or violations involved, including the specific statute, rule or regulation violated. If a hearing is requested, further notice shall be provided, conforming to 75 O.S., Section 309, as to date, time and nature of the hearing, and all other matters contained in the Administrative Procedures Act.

(c)   The Department may also send copies of notices provided for in 35:37-13-4(a) to the appropriate milk market, the marketing agent, field man, the sanitarian and to the market administrator, in accordance with the past operating practices.

[Source: Added at 21 Ok Reg 1181, eff 5-27-04]