25.0509 Suspension or revocation of permit-Procedure-Appeal.

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(a) A permit may be suspended or revoked by the Director of Medical Services upon the violation by the holder, or by a person in his employ or under his supervision or control, of any of the provisions of this title.

(b) A suspension as a penalty for repeated violations may not exceed 5 days. Other suspensions may be for such time as the violation remains uncorrected.

(c) A revoked permit no longer has any validity and may not be reinstated, except upon order of the district court after a hearing.

(d) Except as provided in subsection (e), notice of intent to suspend or revoke a permit must be given, and the notice must state fully the reason or reasons and allow the owner at least 10 days to correct the violation.

(e) If a permit has been suspended and, upon reinspection, the violation has not been corrected, the Director may suspend or revoke the permit without further warning.

(f) When suspicion arises as to the possibility of transmission of infection from any restaurant employee, the director is authorized to require any or all of the following measures:

(1) the immediate exclusion of the employee from all restaurants;

(2) the immediate closing of the restaurant concerned until, in the opinion of the Director, no further danger of disease outbreaks exists;

(3) adequate medical examinations of the employee and his associates, with such laboratory examinations as may be indicated.

(g) An order of suspension or revocation may be appealed to the District Court of American Samoa.

History: 1972, PL 12-44 § 2; amd 1979, PL 16-53 § 48.

Amendment: 1979 Subsections (c) and (g): substituted references to District Court for references to High Court.