§ 700-260. ADMINISTRATIVE HEARINGS

(a)

This Section only applies to:

(1)

The processing of applications for permits;

(2)

The issuance of permits;

(3)

The suspension of permits;

(4)

The revocation of permits; and

(5)

The issuance of stop work orders.

(b)

Notwithstanding Section 700-260-A, any action which is taken that requires a valid permit when no such permit has been issued, or when the permit has expired, or when the permit is suspended or revoked, is subject to the sanctions listed in Section 700-270. In addition, any violation of a stop work order is subject to the sanctions listed in Section 700-270.

(c)

A person aggrieved by any action taken by the LA pertaining to the activities listed in Section 700-260-A may request an administrative hearing before the Environmental Health Appeals Board. Such request shall be filed in writing with the Department within 20 working days of the date of the action being challenged. Upon receipt of such requests, the Appeals Board shall notify the person aggrieved of the time and place of such hearing, which shall be set not less than ten working days nor more than 20 working days from the date the request was received, unless a later date is agreed to in writing by the person aggrieved. The Health Officer shall, if possible, set the hearing at a mutually convenient time.

(d)

The administrative hearing delineated in Section 700-260-C shall be conducted in an informal manner. All relevant evidence is admissible and the strict rules of evidence shall not apply. The person aggrieved may be represented by a lawyer.

(e)

The Appeals Board shall determine whether the explanation of the events by the person aggrieved justifies modifying or reversing the initial decision. The decision of the Appeals Board to affirm, reverse, or modify the initial decision shall be in writing and shall be issued within 20 working days after the close of the hearing. The decision shall be accompanied by written findings of fact and shall be promptly sent to the person aggrieved.

(Ord. No. 1632, § 1, 3-28-2017)