Enforcement Action

Summary Enforcement Action

Washtenaw County Environmental Health Division takes summary enforcement action when the violations at issue pose an imminent health hazard. Summary actions include the immediate limitation, suspension, or revocation of a license to protect public health. Imminent health hazards include:

  • Lack of water or electrical power
  • An uncontained foodborne illness outbreak
  • Severe pest infestation
  • Back-up of sewage in the kitchen
  • Fire
  • Flood
  • Any other situation in which the public may be in immediate danger

When an establishment has one or more of these imminent health hazards, the health department orders the operation closed, and the operation may reopen only after correcting the violations.

Progressive Enforcement Action

The Environmental Health Division pursues progressive enforcement action when the violations do not pose an imminent health hazard. According to the Michigan Administrative Procedures Act, a food service license holder must be given 3 opportunities to correct violations before his or her license is limited, suspended or revoked:

  • Opportunity Number 1 is to correct violations during the routine and follow-up inspection process. When this fails, the license holder is called to attend an "Office Conference."
  • Opportunity Number 2 is to correct violations immediately following the Office Conference. When this fails, the license holder is called to attend an "Informal Hearing."
  • Opportunity Number 3 is to correct violations immediately following the Informal Hearing. When this fails, the health department limits, suspends, or revokes the food service establishment license. The license holder may request a "Formal Hearing" before the Washtenaw County Environmental Health Food Service Board to appeal the action.

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