A. An applicant who has been denied a certificate to construct pursuant to Section 8.56.040 or denied a regular operating permit pursuant to Section 8.56.060 may, within ten days of receipt of notice of denial, file a notice of appeal with the health officer. The notice of appeal shall be in writing and specifically set forth the grounds of the appeal. If no notice of appeal is filed, the health officer's action becomes final when the time for filing a notice of appeal has expired.
B. Within five days of receipt of a notice of appeal the health officer shall appoint a hearing officer who shall schedule a hearing on the matter within twenty days of receipt of the notice of appeal by the health officer. The hearing officer shall be knowledgeable in the area of health law and may be an employee of the county.
C. The hearing officer shall notify all parties by registered mail of the date for hearing and appeal. If the applicant fails to appear as directed, a default judgment shall be entered. The hearing shall be held in an informal manner and the Arizona Rules of Evidence shall apply only to the extent the hearing officer deems necessary to the fair administration of justice. Record of the hearing shall be made by electronic tape recording or stenographic transcription. The only basis for the hearing officer to overturn the decision of the health officer shall be a finding that factual error exists as to the basis of the health officer's decision or, if applicable, that based upon the facts it can reasonably be expected that the applicant will comply with all provisions of this chapter.
D. The hearing officer shall render a decision within five days of the hearing and notify all parties by registered mail of the outcome.
E. Appeal of the decision of the hearing officer shall be by special action to the Superior Court. No appeal shall be taken later than ten days after the receipt of the hearing officer's written decision.
(Ord. 1991-78 § 6 (part), 1991)