[§161-42]  Refusal and withdrawal of
inspection.  The board may, for such period, or indefinitely, as it deems
necessary to effectuate the purposes of this chapter, refuse to provide, or
withdraw, inspection service under this chapter with respect to any establishment
if it determines, after opportunity for a hearing is accorded to the applicant
for, or recipient of, the service, that the applicant or recipient is unfit to
engage in any business requiring inspection under this chapter because the
applicant or recipient, or anyone responsibly connected with the applicant or
recipient, has been convicted, in any federal or state court, of (1) any
felony, or (2) more than one violation under any law, based upon the acquiring,
handling, or distributing of adulterated, mislabeled, or deceptively packaged
food or upon fraud in connection with transactions in food.  This section shall
not affect in any way other provisions of this chapter for withdrawal of
inspection services from establishments failing to maintain sanitary conditions
or to destroy condemned carcasses, poultry or poultry products.



For the purpose of this section a person shall
be deemed to be responsibly connected with the business if the person was a
partner, officer, director, holder, or owner of ten per cent or more of its
voting stock or employee in a managerial or executive capacity.  The
determination and order of the board with respect thereto under this section
shall be final and conclusive unless the affected applicant for, or recipient of,
inspection service files application for judicial review within thirty days
after the effective date of such order in the appropriate court as provided in
part VII.  Judicial review of any such order shall be upon the record upon
which the determination and order are based. [L 1969, c 212, §28; gen ch 1985]