3-2164. General provisions

A. The director may refuse to provide or may withdraw inspection service with respect to any establishment if he determines, after an opportunity for a hearing, that such applicant or recipient is unfit to engage in any business requiring inspection because the applicant or recipient or anyone responsibly connected with the applicant or recipient has been convicted, in any federal or state court, within the previous ten years of any felony or more than one misdemeanor under any law based upon the acquiring, handling or distributing of adulterated, mislabeled or deceptively packaged food or fraud in connection with transactions in food, or any felony involving fraud, bribery, extortion or any other act or circumstances indicating a lack of the integrity needed for the conduct of operations affecting the public health. For the purpose of this subsection, a person shall be deemed to be responsibly connected with the business if he is a partner, officer, director, holder or owner of ten per cent or more of its voting stock or employee in a managerial or executive capacity.

B. Upon the withdrawal of inspection service from any official establishment for failure to destroy condemned poultry products as required under section 3-2153, or other failure of an official establishment to comply with the requirements as to premises, facilities or equipment, or the operation thereof, as provided in section 3-2154, or the refusal of inspection service to any applicant therefor because of failure to comply with any requirements under section 3-2154, the applicant for or recipient of the service shall upon request be afforded opportunity for a hearing within five days with respect to the merits or validity of such action, but such withdrawal or refusal shall continue in effect unless otherwise ordered by the director.

C. The determination and order of the director when made after an opportunity for a hearing, with respect to withdrawal or refusal of inspection service, shall be final and conclusive unless the affected applicant for or recipient of inspection service appeals pursuant to title 41, chapter 6, article 10.