(A) The Boone County Board of Health shall hear appeals incidental to the issuance, modification, denial and revocation of OSDS permits if, within 15 days following the date of receipt of an issued OSDS permit, OSDS permit modification, notice of OSDS permit denial or notice of OSDS permit revocation, any person aggrieved by such action files a petition for review concerning such action with the Board.
(B) The petition for review shall state:
(1) The name, address and telephone number (if applicable) of the person making the request;
(2) Identify the interests of the petitioner which is effected by the OSDS permit issuance, denial, modification, or revocation;
(3) Identify any persons whom the petitioner represents;
(4) State with particularity the reasons for the request;
(5) State with particularity the issues proposed to be considered;
(6) Include proposed terms or conditions, which in the judgment of the petitioner would be appropriate to carry out the requirements of law, 410 IAC 6-8.2 et seq., or this subchapter governing such OSDS permits.
(C) Upon receipt of a petition for review, the Health Officer or agent shall arrange a time and place for a hearing before the Board of Health and shall give the petitioner written notice thereof. Such hearing shall be held as soon as practical after receipt of the petition.
(D) At such hearing, the petitioner shall be given an opportunity to show evidence why the permit should not be modified, denied, or revoked. The Health Officer or agent shall be given opportunity to show the reasons for the modification, denial, or revocation. At the conclusion of the hearing, the Boone County Board of Health shall sustain or overrule the Health Officer's original ruling depending upon its findings as to compliance with the provisions of 410 IAC 6-8.2 and this subchapter. All proceedings of such hearing, including the findings and decision of the Board of Health, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Boone County Health Department.
(E) The procedures established in IC 4-21.5, the Administrative Procedure and Orders Act, may apply to the conduct of the hearing.
(Ord. 2012-04, passed 4-2-2012)