(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.

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Terms Used In Rhode Island General Laws 5-11.1-11

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Department: means the department of business regulation. See Rhode Island General Laws 5-11.1-3
  • Fraud: Intentional deception resulting in injury to another.
  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
  • Mobile food establishment: means a food service operation that is operated from a movable motor-driven or propelled vehicle, portable structure, or watercraft that can change location. See Rhode Island General Laws 5-11.1-3
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • operator: means a person or corporate entity who or that owns, manages, or controls, or who or that has the duty to manage or control, the operation of a mobile food establishment. See Rhode Island General Laws 5-11.1-3
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Registrant: means the holder of a "state mobile food establishment registration. See Rhode Island General Laws 5-11.1-3
  • registration: means a registration issued by the department which authorizes a mobile food establishment to operate in the state. See Rhode Island General Laws 5-11.1-3
  • RIDOH: means the Rhode Island department of health. See Rhode Island General Laws 5-11.1-3
  • vendor: means a person who prepares, sells, cooks, or serves food or beverages from a mobile food establishment. See Rhode Island General Laws 5-11.1-3

(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.

History of Section.
P.L. 2018, ch. 80, § 2; P.L. 2018, ch. 94, § 2.