(A) (1) If the Department finds that the public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered by the Department upon notification of the County Attorney’s Office and the Board, subject to Board ratification at its next meeting. Written notice of the summary suspension shall be served personally or by registered or certified mail to the licensee at the address designated in the license application.
(2) In addition, the Department may post copies of the notice of summary suspension of the license on the licensed facility or property being used for the licensed activity. The posting shall constitute the notice required under this section.
(B) The written notice in such cases shall state the effective date of the suspension, the nature of the violation or violations requiring emergency action, the facts which support the conclusion that a violation or violations has occurred and a statement that if the licensee desires a hearing that he or she must, within ten county working days exclusive of the day of service, file a request for a hearing. The hearing request shall be in writing stating the grounds for appeal and served personally or by registered or certified mail on the Department by midnight of the tenth county working day following service. Following receipt of a request for an appeal, the Department shall set a time and a place for the hearing.
(C) The summary suspension shall not be stayed pending an appeal or informal review by the department head, but shall be subject to dismissal on a favorable reinspection by the Department.
(Ord. 4C, passed 11-14-00)