The Director of Health may revoke or suspend any permit issued
pursuant with this chapter in accordance with the following procedure:
A. The Director of Health may revoke or suspend any permit issued under
this chapter by notifying the permittee in writing of such revocation
or suspension, and the reasons therefor, and informing the permittee
of his or her right to request a hearing before the Board of Health
and the procedure for such hearing, including all procedural deadlines.
B. Notice of revocation or suspension shall be sent to the permittee
by certified mail, return receipt requested, to the permittee's
residence or place of business. Said notification shall be deemed
complete seven days following the date of mailing.
C. A request for hearing must be delivered to the Board of Health within
20 days following the date of mailing of the notice of revocation
or suspension.
D. A hearing shall be scheduled to commence within 60 days following
the date upon which a request for a hearing is filed in the Department
of Health.
E. The Direct of Health shall schedule the hearing on behalf of the
Board of Health, and shall notify the permittee by certified mail,
return receipt requested, addressed to the permittee's residence
and business addresses, of the date, time and place of the hearing,
not less than 20 days prior to the hearing.
F. At any hearing held under this section, the Director of Health and
the permittee may present any pertinent and material written and testimonial
evidence, and shall have the right to cross-examine all witnesses.
Witnesses shall testify under oath or affirmation.
G. The Director of Health shall have the burden of proving the facts
and circumstances that warrant the revocation or suspension of a permit.
H. The Board of Health shall render a written decision on the appeal
within 35 days following the conclusion of the hearing. Said decision
shall state whether the appeal is dismissed or sustained, the facts
and circumstances found to support the decision, and shall state the
relief.
I. A request for a hearing under this section shall stay any revocation
or suspension until such time as a hearing has been held and a decision
rendered thereon; provided, however, that if the Board of Health shall
find that the public health, safety or welfare requires emergency
action and incorporates a finding to that effect in the notice of
revocation or suspension, the permit may be suspended immediately,
pending a hearing thereon, which hearing shall be promptly instituted
and all facts and issues promptly determined.
J. The criminal arrest, on or off the premises of a massage establishment,
of any permittee for any sex offense under Part VI of Chapter 952
of the Connecticut General Statutes shall constitute an emergency
requiring the immediate suspension of a permit pending a hearing.
No permit shall be transferable; provided, however, that upon
the death or incapacity of the permittee, the massage establishment
may continue in business for a reasonable period of time to allow
for an orderly transfer of the business to a successor permittee.