(a) Denial. When a public or semi-public pool does not meet the requirements of this title, the Health Officer shall deny the license within 30 days of receipt of an application by notifying the owner in writing of the reason or reasons for the denial; of the action to be taken in order for the pool or spa to qualify for a license; that the owner may request from the Health Officer an opportunity for a hearing on the denial; and that to preserve the right to a hearing, the owner shall contact the Health Officer within 30 days of the receipt of the notice of denial.
(b) Suspension or revocation. The Health Officer may suspend or revoke a license issued under this title if the license was fraudulently obtained or erroneously issued; the licensee violated or is liable for violation of any provision of this title or rules and regulations adopted in accordance with this title; or the negligence or recklessness of a licensee results in death or injury to a patron at a public or semi-public pool.
(c) Notice of reasons and hearing. A license may not be suspended or revoked unless:
(1) the licensee is given written notice by certified mail of the reasons for the proposed suspension or revocation at least 10 days before a hearing; and
(2) a hearing is held at which the licensee is permitted to be represented by counsel, present evidence, and cross-examine witnesses and the grounds for the suspension or revocation are proved by a preponderance of the evidence.
(d) Immediate suspension; hearing unless violations are corrected. Notwithstanding the provisions of subsection (c), the Health Officer shall immediately suspend a license issued under this title whenever an inspector has reasonable grounds to believe that violations of the provisions of this title or rules and regulations adopted in accordance with this title present an immediate threat to the health or safety of patrons at a public or semi-public pool. Within three days after receipt of a written request from the licensee, the Health Officer shall conduct a hearing to determine whether the license should be reinstated. At the hearing the licensee may be represented by counsel, present evidence, and cross-examine witnesses. The license may not be reinstated unless it is proven by clear and convincing evidence that the violations have been corrected or do not present an immediate threat to the health or safety of patrons at a public or semi-public pool. The Health Officer may reinstate a license that has been suspended in accordance with this subsection without a hearing if the violations have been corrected.
(e) Decisions. Decisions made after a hearing shall be in writing, state the reasons for the decision, and be rendered within five days after the hearing.
(1985 Code, Art. 16, § 16-205) (Bill No. 89-97; Bill No. 71-21)
Charter reference – §§ 601 et seq.