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HomeMy WebLinkAboutDebbie's Heavenly Touch Catering 020383 Notice of Immediate Permit Suspension or Revocation 10 26 18.LB.PDF N.C. DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH, ENVIRONMENTAL HEALTH SECTION NOTICE OF IMMEDIATE PERMIT SUSPENSION OR REVOCATION COUNTY: *Name ID: STREET: *Date // CITY: STATE: NC ZIP CODE: County: TIME: Dear Owner or Operator: Your establishment has been inspected in accordance with the laws and rules governing: ( ) tattooing in North Carolina General Statutes ( ) public swimming pools in North Carolina ( ) food and lodging establishments in North 130A-283 and related statutes and Title 15A, General Statutes 130A-280 through 282 and Carolina General Statutes 130A-247 through Subchapter 18A, of the North Carolina related statutes and Title 15A, Subchapter 130A-250 and related statutes and Title 15A, Administrative Code, Rule .3200 and related 18A, of the North Carolina Administrative Subchapter 18A, of the North Carolina rules. Code, Rule .2500 and related rules. Administrative Code, Rule .2600 and related rules. As a result of an inspection, the Department has determined that the establishment is in violation of Title 15A, Subchapter 18A, of the North Carolina Administrative Code, due to the attached noncompliant items. VIOLATIONS NOTED - Please List Characters Remaining The Department has determined that the conditions found constitute an: ( ) Failure of a public swimming pool to maintain minimum water ( ) IMMINENT HAZARD as defined in G.S. 130A-2(3) and that the quality or safety standards or design and construction standards imminent hazard requires emergency action in order to protect the public pertaining to the abatement of suction hazards which result in an unsafe health. condition This letter is to notify you that based upon the above findings, your permit or transitional permit is hereby ( ) IMMEDIATELY REVOKED in accordance with G.S. 130A-23(d) ( ) IMMEDIATELY SUSPENDED in accordance with G.S. 130A- or G.S. 130A-248(b). Once your permit has been revoked, you must 23(d). The permit suspension will not be lifted until the health apply for a new permit and must meet all of the current requirements department determines that all of the identified violations have been necessary to obtain a new permit. YOU MUST CEASE OPERATIONS corrected. YOU MUST CEASE OPERATIONS IMMEDIATELY IMMEDIATELY AND CANNOT OPERATE YOUR ESTABLISHMENT AND CANNOT OPERATE YOUR ESTABLISHMENT WHILE UNLESS A NEW PERMIT IS OBTAINED. YOUR PERMIT IS SUSPENDED. Operation of your establishment without a permit or while the permit is suspended or revoked may lead to civil action to require you to cease operation, or criminal charges in accordance with G.S. 130A-25, or both. You have a right to a formal appeal of this decision. To pursue a formal appeal, you must file a petition for a contested case hearing with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. To get a copy of a petition form, you may write the Office of Administrative Hearings or call the office at (919) 431-3000. The petition for a contested case hearing must be filed in accordance with the provisions of North Carolina General Statutes 130A-24 and 150B-23 and all other applicable provisions of Chapter 150B. PLEASE NOTE: WITHIN 30 If you wish to pursue a formal appeal, you must file the petition form with the Office of Administrative Hearings DAYS OF THE DATE OF THIS LETTER. Meeting the 30-day deadline is critical to your right to a formal appeal. Do not wait for the outcome of any informal review or appeal if you wish to file a formal appeal. FILING A FORMAL APPEAL DOES NOT AUTOMATICALLY STAY AN IMMEDIATE PERMIT SUSPENSION OR REVOCATION. UNLESS A STAY IS ISSUED, THE PERMIT ( )REMAINS SUSPENDED UNTIL THE HEALTH ( )IS REVOKED AND THE ESTABLISHMENT CANNOT BE DEPARTMENT DETERMINES THAT THE VIOLATIONS HAVE OPERATED UNTIL A NEW PERMIT IS OBTAINED OR BEEN CORRECTED OR UNTIL THERE IS A FINAL DECISION UNTIL THERE IS A FINAL DECISION IN THE CONTESTED IN THE CONTESTED CASE. CASE. If you file a petition for a contested case hearing with the Office of Administrative Hearings, you are required by Law (N.C. General Statute 150B-23) to serve a copy of your petition on the state agency that is a party to the action. The state agency party in this case is the North Carolina Department of Health and Human Services. Service must be made in accordance with Rule 4 of the North Carolina Rules of Civil Procedure and 26 NCAC 3.0102(a)(3). You must send the copy to: Office of General Counsel, N.C. Department of Health and Human Services, 2001 Mail Service Center, Raleigh, NC 27699-2001. Do NOT send the copy of your petition to your local health department. Sending a copy of your petition to the local health department will NOT satisfy the legal requirements in N.C. Gen. Stat. 150B-23 that you serve a copy on the state agency that is a party to this action. You may also request an informal review of this decision in accordance with 15A NCAC 18A .2676. You may call or write the local health department if you need any additional information or assistance. Signature of Environmental Health Signature of Recipient EHS I.D.# Purpose: General Statute 130A-23 gives the Secretary the power to suspend or revoke a permit issued pursuant to Chapter 130A, under certain conditions. This form is developed to be used for suspensions or revocations Preparation: Local environmental health specialists shall complete form EHS 4009B whenever an "Immediate Suspension or Revocation" is issued. 1. Original to be left with responsible person 2. Copy for the local health department. 3. Copy for Environmental Health Section, Division of Public Health. Disposition: Please refer to Standard-8.B.6., Inspection Records, Records Retention and Disposition Schedule for County/District Health Departments, published by the North Carolina Division of Archives and History. Additional forms may be ordered from: Div. of Environmental Health, 1630 Mail Service Center, Raleigh, NC 27699-1632 (Courier 52-01-00). EHS 4009B Immediate-Suspension Environmental Health Section (Review 7/13) N.C. Department of Environment and Natural Resources Name: am Time : In pm Division of Environmental Health ID: Time am : Out NOTICE OF IMMEDIATE PERMIT SUSPENSION Street: pm Total City: Time COMMENT ADDENDUM Characters Remaining