8.20.150 Administrative appeal.
A. Applicability. An applicant for or holder of a permit under this chapter, or a person subject to a closure order, may administratively appeal a permit application denial or revocation or closure order to the Board of Health in accordance with this section.
B. Filing Requirements.
1. Petition. Petition for administrative appeal shall be made on a form provided by the Health Officer. Supporting information shall be submitted as per the requirements described in the following sections.
2. Information to Be Submitted. The following information shall be provided on the petition form:
a. Petitioner’s name, mailing address, phone number, and/or email address.
b. Petitioner’s standing (i.e., legal right to initiate a petition).
c. The Health Officer that rendered the denial, revocation or closure order.
d. Written statement describing the denial, revocation, or closure order and the reason and facts supporting action by the County Board of Health.
e. Date submitted and signed.
f. Signature of the applicant.
g. Any other information requested on the application form.
3. Deadline. A petition for an administrative appeal shall be filed with the County Board of Health within 30 days of the permit application denial or revocation that is the subject of the appeal.
4. Closure of Establishment and Suspension of Practice. A permit application denial or revocation or closure order shall cause the establishment to close and/or practitioner to cease practicing until the administrative appeal is complete, or until the Health Officer authorizes a resumption of the establishment operations or practitioner to practice. This subsection does not affect any abatement order issued by the Health Officer nor relieve any person of the obligation to correct a violation of any applicable law, regulation, or this chapter, nor toll the accrual of a fine, nor delay an enforcement action by the Health Officer or the County Board of Health.
C. Appeal Procedure.
1. Substantially Complete Petition. A petition for an administrative appeal shall not be issued a docket number or be scheduled for hearing by the County Board of Health until it is determined to be substantially complete by the Health Officer. The Health Officer shall verify that the petition form and required supplemental information have been submitted correctly.
2. Assignment. Once a petition for an administrative appeal has been determined to be substantially complete, the Health Officer shall assign a case number and place the appeal on the agenda of the County Board of Health. The Health Officer shall inform the petitioner, in writing, of the date and time of the County Board of Health meeting at which the appeal is to be heard.
3. Transfer of Information.
a. The Health Officer shall provide the petitioner for an administrative appeal any additional information which is being conveyed to the County Board of Health in preparation for the meeting.
b. The Health Officer shall transmit the papers constituting the record regarding the case to the County Board of Health.
c. The Health Officer may provide a written report explaining the Health Officer’s decision or action on the case.
4. Review. The County Board of Health shall hear the administrative appeal at a regularly scheduled public meeting according to their rules and procedures. The County Board of Health may consider information conveyed to the Board in writing and testimony during the hearing in making a decision.
5. Decision. Following the hearing and review, the County Board of Health may reverse, affirm, or modify the denial or revocation from which the appeal stems. The County Board of Health may also add conditions to its decision when warranted.
6. Appeal. Any person aggrieved by the decision of the County Board of Health may appeal such decision to the Circuit or Superior Court of Jasper County. [Ord. 09-06-22 § 1.]