R392-400-8. Notice Of Violation Or Closing

  (1) The health officer may issue a notice of violation to the owner, operator or the operator's designee if the gathering fails to meet the requirements of this rule or the conditions of the permit.

  (2) The health officer shall, in accordance with R392-100 Food Service Sanitation, direct the disposition of any food items, including ice and water, that have been adulterated or are otherwise unfit for human consumption.

  (3) The health officer may issue a notice of closure of the gathering or part thereof to the owner, operator or the operator's designee if the health officer determines that conditions at the gathering constitute a serious or imminent health hazard.

  (4) No gathering site or part thereof that has been closed may be used for a gathering until the health officer determines that the conditions causing the closure have been abated and written approval is received from the health officer. The health officer shall remove the posted notice whenever the violation(s) upon which closing, and posting were based has been remedied.

  (5) No unauthorized person may deface or remove a posted notice from any gathering site that has been closed by the health officer.

  (6) The operator may appeal a notice or closure in accordance with the procedures established by the local Board of Health or the Utah Administrative Procedures Act, whichever is applicable.