[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR166.11]

[Page 865-866]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 166--SWINE HEALTH PROTECTION--Table of Contents
 
Sec. 166.11  Suspension and revocation of licenses.

    (a) Suspension or revocation after notice. In addition to the 
imposition of civil penalties and the issuance of cease and desist 
orders under the Act, the license of any facility may be suspended or 
revoked for any violation of the Act or the regulations in this part. 
Before such action is taken, the licensee of the facility will be 
informed in writing of the reasons for the proposed action and, upon 
request, shall be afforded an opportunity for a hearing with respect to 
the merits or validity of such action, in accordance with rules of 
practice which shall be adopted for the proceeding.
    (b) Summary suspension. If the Administrator has reason to believe 
that any licensee has not complied or is not complying with any 
provisions of the Act or regulations in this part and the Administrator 
deems such action necessary in order to protect the public health, 
interest, or safety, the Administrator may summarily suspend the license 
of such persons pending a final determination in formal proceedings and 
any judicial review thereof, effective upon verbal or written notice of 
such suspension and the reasons therefor. In the event of verbal 
notification, written confirmation shall follow as

[[Page 866]]

soon as circumstances permit. This summary suspension shall continue in 
effect pending the completion of the proceeding and any judicial review 
thereof, unless otherwise ordered by the Administrator.
    (c) The license of a person shall be automatically revoked, without 
action of the Administrator, upon the final effective date of the second 
criminal conviction of such person, as is stated in section 5(c) of the 
Act. The licensee will be notified in writing of such revocation by the 
Area Veterinarian in Charge or, in States having primary enforcement 
responsibility, by the State animal health official.
    (d) Any person whose license has been suspended or revoked for any 
reason shall not be licensed in such person's own name or in any other 
manner, nor shall any of such person's employees be licensed for the 
purpose of operating the facility owned or operated by said licensee 
while the order of suspension or revocation is in effect. Any person 
whose license has been revoked shall not be eligible to apply for a new 
license for a period of 1 year from the effective date of such 
revocation. Any person who desires the reinstatement of a license that 
has been revoked must follow the procedure for new licensees set forth 
in Sec. 166.10 of this part.

[47 FR 49945, Nov. 3, 1982, as amended at 52 FR 4890, Feb. 18, 1987; 56 
FR 26899, June 12, 1991]