Section 410IAC7-24-126. Restriction or exclusion order

   (a) Based on the findings of the investigation as specified in section 124 of this rule and to control disease transmission, the regulatory authority may issue an order of restriction or exclusion to a suspected food employee or the owner or operator of the retail food establishment without prior warning, notice of a hearing, or a hearing if the order states the following:

(1) The reasons for the restriction or exclusion that is ordered.

(2) The evidence that the food employee or the owner or operator of the retail food establishment shall provide in order to demonstrate that the reasons for the restriction or exclusion are eliminated.

(3) That the suspected food employee or the owner or operator of the retail food establishment may request an appeal hearing by submitting a timely request as provided in law.

(4) The name and address of the regulatory authority representative to whom a request for an appeal hearing may be made.

  (b) For purposes of this section, a violation of subsection (a) is a noncritical item. (Indiana State Department of Health; 410 IAC 7-24-126; filed Oct 13, 2004, 12:30 p.m.: 28 IR 842; readopted filed Jul 15, 2010, 12:12 p.m.: 20100728-IR-410100261RFA; readopted filed Nov 10, 2016, 8:45 a.m.: 20161207-IR-410160371RFA)