§159-48  Refusal and withdrawal ofinspection.  The board, for the period, or indefinitely, as it deemsnecessary to effectuate the purposes of this chapter, may refuse to provide, orwithdraw, inspection service under this chapter with respect to any establishmentif it determines, after opportunity for a hearing is accorded to the applicantfor or a recipient of the service, that the applicant or recipient is unfit toengage in any business requiring inspection under this chapter because theapplicant or recipient, or anyone responsibly connected with the applicant orrecipient, has been convicted, in any federal or state court, of (1) anyfelony, or (2) more than one violation of any law, based upon the acquiring,handling, or distributing of unwholesome, mislabeled, or deceptively packagedfood or upon fraud in connection with transactions in food.  This section shallnot affect, in any way, the other provisions of this chapter for withdrawal ofinspection services from establishments failing to maintain sanitary conditionsor to destroy condemned carcasses, parts thereof, or meat or meat products.

For the purpose of this section a person shallbe deemed to be responsibly connected with the business if the person was apartner, officer, director, holder, or owner of ten per cent or more of itsvoting stock or an employee in a managerial or executive capacity.  Thedetermination and order of the board with respect thereto under this sectionshall be final and conclusive unless the affected applicant for, or recipientof, inspection service files application for judicial review within thirty daysafter the effective date of such order in the appropriate court as provided inpart VII.  Judicial review of any such order shall be upon the record uponwhich the determination and order are based. [L 1969, c 214, pt of §1; gen ch1985; am L 1990, c 139, §12; am L 1991, c 88, §1]