ORS 624.073
Revocation, suspension or refusal of license

  • closure
  • sanitation score
  • inspection schedule
  • fees

(1)

If the Director of the Oregon Health Authority determines that a critical violation of ORS 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee), or any rule promulgated pursuant thereto, exists in a restaurant or bed and breakfast facility and the critical violation constitutes a potential danger to the public health, the director may revoke, suspend or refuse to issue the license required by ORS 624.020 (License) if, after a reasonable time has been given for correction of the violation, but not longer than 14 days, the violation continues to exist. The director shall reinstate a license that has been revoked or suspended if the director determines that the violation has been corrected.

(2)

Notwithstanding ORS 624.020 (License), if the director determines that a critical violation of ORS 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee), or any rule promulgated pursuant thereto, exists in a restaurant or bed and breakfast facility and the critical violation constitutes an imminent or present danger to the public health, the director may order immediate correction, use of an approved alternative procedure or closure of the restaurant or bed and breakfast facility by written notice thereof to the operator. The inspection report carrying a statement ordering closure and specifying the reasons therefor signed by the director and delivered to the operator may serve as the written notice of the closure. The director shall use inspection forms that clearly display notice that procedures are available to the licensee under ORS chapter 183 for appeal of the closure order. A copy of the notice shall be filed with the records of the Oregon Health Authority. The closure order shall have the effect of an immediate revocation of the operator’s license. If requested, the director shall provide a prompt hearing after the closure in accordance with ORS chapter 183.

(3)

If the director determines that closure of the restaurant or bed and breakfast facility is necessary because failure to correct a critical violation or implement an approved alternative procedure constitutes a potential danger to the public health, or failure to correct a critical violation or implement an approved alternative procedure constitutes an imminent or present danger to the public health, the director shall:

(a)

Notify the owner or person in charge of the restaurant or bed and breakfast facility that such restaurant or bed and breakfast facility shall not be used for food service purposes until the critical violations specified in the inspection report have been corrected; and

(b)

Post a notice of closure upon the restaurant or bed and breakfast facility at the customary entrance to the restaurant or bed and breakfast facility in public view to the effect that the restaurant or bed and breakfast facility is closed for operation because a critical violation exists.

(4)

Intentionally left blank —Ed.

(a)

No person shall remove a notice of closure from a restaurant or bed and breakfast facility until the violation which caused the notice to be posted has been corrected.

(b)

No person shall operate a restaurant or bed and breakfast facility upon which a notice of closure has been posted until the violation which caused the notice to be posted has been corrected and the notice has been removed.

(5)

The director shall define clearly the criteria and rules for conformance to acceptable food service practices used to determine the restaurant or bed and breakfast facility sanitation score to insure statewide uniformity in the inspection and licensing processes. Critical violations which constitute a potential danger to the public health and critical violations which constitute an imminent or present danger to the public health shall be clearly defined. Minimum acceptable food service standard procedures shall be clearly defined by setting a minimum acceptable sanitation score for a licensed restaurant or bed and breakfast facility.

(6)

If a restaurant or bed and breakfast facility obtains a sanitation score of less than the minimum acceptable standard, the restaurant or bed and breakfast facility operator or person in charge of the restaurant or bed and breakfast facility shall be notified of impending closure if, after reinspection within 30 days, the sanitation score does not meet minimum acceptable food service standards. If closure action is taken after reinspection, the restaurant or bed and breakfast facility may not be operated until the restaurant or bed and breakfast facility operator submits a plan for correction of the violations that receives the approval of the director and a subsequent inspection of the restaurant or bed and breakfast facility produces a sanitation score that meets minimum acceptable food service standards.

(7)

The authority may establish a more frequent inspection schedule for a restaurant licensed under ORS 624.020 (License) that fails to meet specific minimum standards established by the authority. The authority may charge a fee for costs associated with the performance of additional inspections.

(8)

As used in this section, “imminent” means impending or likely to develop without delay. [Formerly 624.085; 2009 c.595 §1007]

Source: Section 624.073 — Revocation, suspension or refusal of license; closure; sanitation score; inspection schedule; fees, https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html.

624.005
“Local public health authority” defined
624.010
Definitions for ORS 624.010 to 624.121
624.020
License
624.029
Disposition of fees
624.036
Exemption of confection operations from license requirements
624.038
Exemptions from requirements of ORS 624.010 to 624.121
624.041
Rules
624.046
Bed and breakfast facility regulation
624.051
Single toilet fixture allowed in small restaurant
624.060
Inspection and reinspection of restaurants and bed and breakfast facilities
624.070
Examination of food and drink samples
624.073
Revocation, suspension or refusal of license
624.077
Rating surveys
624.080
Diseased persons working in restaurants, bed and breakfast facilities or temporary restaurants
624.082
Intermittent temporary restaurants
624.084
Seasonal temporary restaurants
624.086
Single-event temporary restaurants
624.091
Inspection of temporary restaurants
624.096
Summary closure of temporary restaurant
624.101
“Benevolent organization” defined
624.106
Issuance of single-event temporary restaurant license to benevolent organization
624.111
Inspection of event facilities and operation under license of benevolent organization
624.116
When alternative food service criteria applicable
624.121
State Food Service Advisory Committee
624.130
Training to relieve choking
624.145
Authorization of food place required for third-party food platform to take orders and deliver meals
624.165
Service of inspected game meat by charitable organization
624.310
Definitions for ORS 624.310 to 624.430
624.320
License requirement for commissary, warehouse, mobile unit or vending machine
624.330
Exemption of certain commissaries, mobile units and vending machines from licensing requirements
624.355
Rules
624.370
Inspection of commissary, warehouse, mobile unit or vending machine
624.400
Rating surveys
624.410
Commissaries and sources of supply outside jurisdiction
624.415
Denial, suspension or revocation of license
624.420
Abating or enjoining violations of ORS 624.310 to 624.430
624.425
Diseased persons working in commissary or mobile unit
624.430
Fee payment
624.490
License fees
624.495
Foodborne illness prevention program
624.510
Intergovernmental agreements with local public health authorities
624.530
Agreement to ensure only one agency inspects facilities
624.550
Local public health authority food service advisory committee
624.560
Waiver of food sanitation rules
624.570
Food handler training requirement
624.610
Application of ORS 624.010 to 624.121 or 624.310 to 624.430 to certain food service
624.630
Construction, remodeling requirements
624.650
Mobile unit inspection fee
624.670
Disposition of fees
624.990
Criminal penalties
624.992
Civil penalty
Green check means up to date. Up to date