HAR § 18-245-2.5-3 — Notice of revocation, suspension, or declination to renew a retail tobacco permit

(a) Before the department may revoke or suspend a retail tobacco permit or decline to renew a retail tobacco permit, the department shall mail its notice of intention to revoke, suspend, or decline to renew the retail tobacco permit to the permittee at its last known address appearing in the records of the department (unless the department has been notified by the U.S. Postal Service that the address is invalid and there is no forwarding address for the licensee or permittee); provided, that this section shall not apply to the automatic forfeiture based on the failure to file an application within the period provided by chapter 245 or any rule adopted under chapter 245. (b) In the event the department is unable to provide notice by mail as provided in subsection (a), the department may give notice of its intention to revoke, suspend, or decline to renew a retail tobacco permit by publishing the notice once in each of two successive weeks (two total publications) in a newspaper of general circulation published in the State); provided, that this section shall not apply to the automatic forfeiture based on the failure to file an application within the period provided by chapter 245 or any rule adopted under chapter 245. (c) The department may revoke, suspend, or decline to renew the retail tobacco permit whenever the department finds that the applicant or permittee has failed to comply with chapter 245 or any rule adopted under chapter 245, or for any other good cause. If a person or entity whose retail tobacco permit is revoked, suspended, or not renewed disputes the department’s actions the aggrieved party may petition the director in writing, within 60 days of the date of the notice, setting forth reasons why revocation, suspension, or declination to renew the retail tobacco permit should not occur. (d) In the petition, the permittee may provide information, to which the department may give due consideration, regarding mitigation measures taken by the permittee to abide by the requirements of any federal, state, or county law pertaining to the sale, acquisition, possession, stamping, distribution, transportation, or importation, of cigarettes or tobacco products. (e) The department may consider single or multiple federal, state, or county violation(s) pertaining to the unlawful sale, acquisition, possession, stamping, distribution, transportation, importation, or smuggling of cigarettes, counterfeit cigarettes, counterfeit stamps, or other tobacco products in violation of federal, state, or county law in determining the appropriate action to be taken. (f) Revocation, suspension, or declination to renew a retail tobacco permit shall have no effect on liability for payment of taxes, fees, penalties, or interest incurred or imposed.