(a) A person who has been denied a permit, a food handler’s certificate, or a food manager’s certificate; the owner or operator of a food establishment which has received an emergency closure/suspension order issued by the director; and the owner or operator of a food establishment which has received an order issued by the director to come into compliance with this article or the laws adopted by this article, may petition the director to reconsider the basis for the action.
(b) In order for the petition to be considered, it shall be filed with such director within ten days of the person being served with notice of the action.
(c) Failure to submit a timely written petition for reconsideration shall be deemed to be a waiver of any further right to administrative reconsideration or reviews of the action.
(d) In its petition, the petitioner shall indicate the provisions of the action objected to, and the reasons for the objection(s), any facts that are contested, the evidence that supports the petitioner’s view of the facts, and whether the petitioner requests a hearing on its petition.
(e) The effect of a permit or certificate denial or of an order shall not be stayed pending the director’s reconsideration or any hearing, unless the director expressly and in writing stays the denial or order.
(f) Within a reasonable time of the submittal of a petition for reconsideration, the director shall either grant the petition and withdraw or modify the order or grant the permit or certificate; deny the petition if no material issue of fact is raised; or if a hearing has been requested and a material issue of fact has been raised, set a hearing on the petition.
(Ord. 12553, § 1, passed 6-18-1996)