OAR 603-025-0535: Closure of Food Establishment Whose Required Authorization Has Lapsed

(1) When the department orders the closure of a food establishment whose required authorization has lapsed, the department shall follow the procedures set forth in this rule. (2) As required by ORS 561.300 and OAR 603-025-0510(5), if a food establishment fails to renew a required authorization by the 30th calendar day after it lapses, the department shall give notice to the food establishment that a delinquent renewal penalty will be collected if the required authorization fee is not paid before the 60th calendar day after the authorization lapses. (3) If a food establishment fails to renew a required authorization by the 90th calendar day after the authorization lapses, the department shall provide written notice to the owner or operator that the authorization required for operating the food establishment remains lapsed and that the food establishment is considered to be operating without a license. The notice shall be mailed via certified mail to the last-known address of the owner or operator on file with the department or, if none, to the address of the food establishment. (4) If a food establishment fails to renew the required authorization within 30 days from the date on which the written notice in section (3) of this rule is mailed, the department shall issue a proposed order to close the food establishment. A proposed order to close a food establishment issued under this section (4) is an order in contested case and is subject to the applicable provisions of Oregon Revised Statutes chapter 183 and Oregon Administrative Rules chapter 137, division 3. (5) A food establishment may request a hearing on a proposed order to close the food establishment issued under section (4) of this rule. Any hearing request must be in writing, must comply with the applicable provisions of Oregon Administrative Rules chapter 137, division 3, and must be received by the department within 10 calendar days of the date on which the proposed closure order is mailed.