§ 4307 — Hearing; orders

When an inspection demonstrates that any establishment is being maintained or operated in violation of the provisions of this chapter or any related rules, the Commissioner shall provide written notice, together with an order commanding both abatement of the violation and compliance with this chapter within a reasonable period of time to be fixed in the order. Under any related rules adopted by the Commissioner, a person upon whom the notice and order are served shall be given an opportunity to be heard and to show cause as to why the order should be vacated or amended. When, upon a hearing, it appears that the provisions of this chapter have not been violated, the Commissioner shall immediately vacate the order, but without prejudice. When, however, it appears that the provisions have been violated and the person fails to comply with an order issued by the Commissioner under the provisions of this section, the Commissioner shall revoke, modify, or suspend the person’s license or enforce a civil penalty. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2017, No. 76, § 5.)