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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 229FOOD AND DRUG
SUBCHAPTER UPERMITTING RETAIL FOOD ESTABLISHMENTS
RULE §229.374Refusal, Revocation, or Suspension of a Permit; Administrative Penalties

(a) Basis. The department may refuse an application for a permit or may revoke or suspend a permit for violations of §229.372 of this subchapter (relating to Permitting Fees and Procedures) or §229.373 of this subchapter (relating to Minimum Standards for Permitting and Operation), or for interference with a department representative in the performance of their duties under this subchapter.

(b) Hearings. Any hearings for the refusal, revocation, or suspension of a permit are governed by §§1.21, 1.23, 1.25, and 1.27 of this title (relating to Formal Hearing Procedures) or under the provisions of the Texas Government Code Chapter 2001, Administrative Procedure Act.

(c) Reinstatement. A former permit holder may apply for reinstatement of a suspended permit by demonstrating corrections and controls are implemented to prevent future violations. The department may reinstate the permit after the department has determined the food establishment no longer poses a risk to public health and safety. The department may also require employees of a food establishment to successfully complete a department-accredited training course on food safety principles before reinstatement of the permit.

(d) Administrative penalties. Administrative penalties in Texas Health and Safety Code §437.018, and in §229.261 of this chapter (relating to Assessment of Administrative Penalties), may be assessed for violations of this subchapter.


Source Note: The provisions of this §229.374 adopted to be effective March 19, 2000, 25 TexReg 2076; amended to be effective January 1, 2005, 29 TexReg 11982; amended to be effective May 13, 2024, 49 TexReg 3288

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