| (B) The notice shall specify the acts, omissions, or
conduct constituting the alleged violation or noncompliance and shall
designate a date not less than 30 calendar days or more than 45 calendar
days after the licensee, registered manufacturer, or certified person
receives the notice by which the violation or noncompliance shall
be corrected or discontinued. If AFS determines the violation or noncompliance
may pose imminent peril to the health, safety, or welfare of the general
public, AFS may notify the licensee, registered manufacturer, or certified
person orally with instruction to immediately cease the violation
or noncompliance. When oral notice is given, AFS shall follow it with
written notification no later than five business days after the oral
notification.
(C) The licensee, registered manufacturer, or certified
person shall either report the correction or discontinuance of the
violation or noncompliance within the time frame specified in the
notice or shall request an extension of time in which to comply. The
request for extension of the time to comply shall be received by AFS
within the same time frame specified in the notice for correction
or discontinuance.
(4) Hearing regarding suspension or revocation of licenses,
manufacturer registrations, and certificates. If a licensee, registered
manufacturer, or certified person disagrees with the determination
of AFS under this subsection, that person may request a public hearing
on the matter as specified in Chapter 1 of this title (relating to
Practice and Procedure). The request shall be in writing, shall refer
to the specific rules or statutes the licensee, registered manufacturer,
or certified person claims to have complied with, and shall be received
by AFS within 30 calendar days of the person's receipt of the notice
of violation or noncompliance. AFS shall forward the request for hearing
to the Hearings Division.
|
