§ 00011-9. Permit Revocation or Suspension.

(A)

A permit to operate a transient accommodation may be suspended or revoked by the Health Commissioner upon violation by the permit holder of any terms or requirements of this regulation.

(B)

In the case of a proposal to deny, suspend, or revoke a transient accommodation permit the licensor shall provide written notice of the proposed action and the cause for action. The notice shall describe the procedure for appealing the proposed denial, suspension, or revocation.

(C)

In the case of a suspension of a license issued for a violation presenting an immediate danger to the public health, the licensor shall provide the license holder with a written notice of the action, the cause for the action, and the effective date of the action. The written notice shall specify the procedure for appealing the suspension and shall list the address to which a hearing request shall be sent or delivered. The license holder may appeal the suspension by mailing or hand-delivering a written request for hearing to the address specified in the notice. If a hearing is requested, it shall be heard not later than five business days after the request is received by the licensor. At the hearing, the license holder shall have the opportunity to present its case orally or in writing and to confront and cross-examine witnesses. The license holder may be represented by counsel and may review the case record before the hearing. At the hearing, the licensor shall determine whether the immediate danger to the public health continues to exist. If the licensor conducts the hearing, the licensor may immediately render a decision denying, suspending, or revoking a license, or render a decision removing or continuing a license suspension.

(March 2008)