OAR 603-029-0115: Refusal to Grant Inspection

(1) The Department may issue a Notice of Refusal to Grant Inspection because: (a) An establishment does not have a HACCP plan as required by OAR 603-029-1000 to 603-029-1058; (b) An establishment does not have Sanitation Standard Operating Procedures as required by OAR 603-029-2100 to 603-029-2175; (c) An establishment has not demonstrated that adequate sanitary conditions exist in the establishment as required OAR 603-029-2100 to 603-029-2175; (d) An establishment has not demonstrated that livestock will be handled and slaughtered humanely; or (e) An establishment, or anyone responsibly connected with the establishment, has been convicted, in any federal or state court, of: (A) Any felony, or (B) More than one violation of any law, other than a felony, based upon the acquiring, handling, or distributing of unwholesome, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food. A person shall be deemed to be responsibly connected with an establishment if the person was a partner, officer, director, holder, or owner of 10 percent or more of its voting stock or was an employee in a managerial or executive capacity. (2) If the Department issues a Notice of Refusal to Grant Inspection, the establishment may file a written request for a hearing with the Department within 20 days of issuance of the Notice of Refusal to Grant Inspection. If the establishment timely requests a hearing, such hearing shall be conducted in accordance with the procedures for contested cases set forth in ORS chapter 183 and OAR chapter 137, division 3.