§ 6:603. Same—Suspension and revocation.

(a)

Any permit issued hereunder may be suspended by the director for failure to comply with, or any violation of, any provisions of this chapter, the state sanitary code or the applicable laws of the state.

(b)

Prior to any suspension, except as otherwise expressly authorized by this chapter, the permit holder shall be granted a hearing before the director.

(c)

The permit holder shall be given ten (10) days written notice of the hearing. The notice shall set forth the cause or causes for the hearing, shall inform the holder of the time and place of the hearing, and may be delivered to the permit holder by registered mail addressed to him at the address shown on his application, or may be personally served upon him by an officer or employee of the health unit. Service of such notice upon the permit holder, his manager or the person in charge of his place of business shall be sufficient.

(d)

If the director finds that an immediate and pressing danger to the public health exists by reason of one or more of the causes for suspension specified in subsection (a) of this section, he may order immediate suspension of any permit without notice or hearing. Possibility of transmission of typhoid or para-typhoid or other dangerous and contagious disease by the permit holder or any employee, or improper cleaning or sanitizing of utensils shall be sufficient cause for immediate suspension of any permit. Such suspension shall be for a temporary period not to exceed ten (10) days and the director shall, at the same time, order a hearing and cause the notice hereinabove required to be served upon the permit holder. The temporary suspension shall remain in effect during the time therein specified not to exceed ten (10) days or until the hearing, whichever occurs first. If the permit holder, prior to hearing, advises that the cause for suspension has been eliminated, the director shall cause prompt reinspection of the premises to be made during regular working hours, and if the cause for suspension has been corrected, he shall order the immediate reinstatement of the permit and cancel the hearing.

(e)

Except as provided in subsection (d) hereof, all suspensions imposed under this chapter shall be for an indeterminate period and shall remain in effect until all defects and deficiencies have been corrected by the permit holder. After correction of all such defects and deficiencies, the permit holder may apply to the director in writing for reinstatement of his permit. Within five (5) days after receipt of such request, the director shall cause an inspection of the premises to be made, and if the permit holder meets all requirements of this chapter, shall order the reinstatement of his permit.

(f)

If a permit remains suspended for a period of six (6) months, such permit shall automatically be cancelled and the holder thereof be required to make a new application; provided that if, at the end of six (6) months, the director finds that the permit holder is making a reasonable attempt to correct the cause for suspension, he may be granted such additional time, not to exceed six (6) months, as may be necessary to complete the work involved.

(g)

Any person aggrieved by the decision of the director in refusing to issue, in suspending, or in refusing to reinstate a permit, may devolutively appeal therefrom to the board of health within five (5) days of written notification of the decision. The appeal must be taken by submitting a written request therefor to the director. The board of health shall hear the appeal within fifteen (15) days of receipt of the notice of appeal by the director. The decision of the director shall be final unless appealed within the time, and in the manner, set forth herein.

(City Code 1951, Title 6, § 603; Parish Code 1962, Title 6, § 603)