(1) No person shall operate a food service establishment who does not have a valid license issued by the department. Only a person who complies with the requirements of this subchapter shall be entitled to receive or retain such a license. Licenses are not transferable. A valid license must be posted in every food service establishment.

(2) Any person desiring to operate a food service establishment shall make written application for a license on forms provided by the department. Such application must include the name and address of each applicant, the location and type of the proposed food service establishment.

(3) Prior to approval of an application for a license, the regulatory authority or the local health department sanitarians shall inspect the proposed food service establishment to determine compliance with the requirements of this subchapter.

(4) The department will issue a license to the applicant if an inspection by a state or local health officer or sanitarian reveals that the proposed food service establishment complies with all applicable requirements of this subchapter.

(5) The department may, after providing opportunity for hearing, revoke a license for serious or repeated violations of any of the requirements of this subchapter or for interference with the department or other authorized persons in the performance of duty.

(6) Prior to revocation, the department will notify, in writing, the licensee of the specific reason(s) for which the license is to be revoked. The notice will further provide for the licensee the opportunity to request an administrative hearing in front of the department within 10 business days after the receipt of the notice. If no request for hearing is filed within the 10-day period, the revocation of the license becomes final.

(7) The licensee may submit to the department an acceptable plan of correction within 10 business days after receiving the department's notice of revocation. Such an acceptable plan of correction will be a bar to canceling the license.

(8) A notice provided for in this rule is properly served when it is delivered to the holder of the license, or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the license. A copy of the notice will be filed in the records of the department.

(9) The hearing provided for in this rule will be conducted by the department pursuant to Title 2, chapter 4, subchapter 6, MCA of the Montana Administrative Procedure Act regarding contested cases and ARM 37.5.117. The department shall make a final finding based upon the complete hearing record and shall sustain, modify or rescind any notice or order considered in the hearing. The department will furnish a written report of the hearing decision to the licensee.

(10) Whenever a revocation of a license has become final, the holder of the revoked license may make written application for a new license.

(11) Obtaining the license referred to in (1) of this rule does not relieve the applicant from satisfying applicable requirements from other federal, state or local agencies. These may include, but are not limited to:

(a) building code permits and inspections;

(b) fire and life safety inspections;

(c) private or public water supply system or sewage treatment systems permits or inspections; or

(d) occupational health and safety requirements.