Title 5
Businesses and Professions

Chapter 11.1
State Mobile Food Establishment Registration Act

§ 5-11.1-11. Grounds for denial, suspension, or revocation of a state mobile food establishment registration.

(a) Upon receipt of a written complaint, the request of RIDOH, or the state fire marshal, or upon its own initiative, the department may place on probation, suspend, revoke, or refuse to issue or renew a state mobile food establishment registration or may levy an administrative penalty or any combination of actions, for any one or more of the following causes:

(1) Providing incorrect, misleading, incomplete, or materially untrue information in the registration application;

(2) Violating any statutes, rules, regulations, ordinances, or policies applicable to the safe operation of a mobile food establishment, specifically including the fire safety code and those set forth by the department, RIDOH, and the state fire marshal;

(3) Obtaining or attempting to obtain a registration through misrepresentation or fraud;

(4) Having admitted to or been found to have committed any food safety or fire safety violation;

(5) Using fraudulent, coercive, or dishonest practices or demonstrating incompetence, untrustworthiness, or financial irresponsibility in this state or in another place;

(6) Having a registration, or its equivalent, denied, suspended, or revoked in any other state, province, district or territory or administrative action under this section;

(7) Operating a mobile food establishment without a current and valid registration;

(8) Having its mobile food service license or fire safety permit denied, suspended, or revoked;

(9) Having a substantive complaint of foodborne illness or food-related illness; or

(10) A mobile food establishment operator, vendor, or principal thereof having been convicted of or having pled nolo contendere to a felony that is relevant to that person’s suitability for a mobile food establishment registration.

(b) In the event that the action by the department is to nonrenew or to deny an application for a registration, the department shall notify the applicant or registrant and advise, in writing, the reason for the denial or nonrenewal of the registration. The applicant or registrant may make written demand upon the department within thirty (30) days for a hearing. The hearing shall be conducted pursuant to the administrative procedures act, chapter 35 of title 42.

(c) In addition to or in lieu of any applicable denial, suspension, or revocation of a registration, a person may, after hearing, be subject to an administrative penalty not to exceed the maximum set forth by regulation.

(d) The department shall retain the authority to enforce the provisions of and impose any penalty or remedy authorized by this chapter and this title against any person or entity who is in violation of this chapter or this title even if the person or entity’s registration has been surrendered or has lapsed by operation of the law.