(A) (1) The County Board of Health shall give notice to the licensee of the revocation or modification of his, her, or its permit by way of an order.
(2) The notice must include a brief description of the order, together with a brief explanation of the available procedures and the time limit for seeking administrative review of the order.
(B) To qualify for review, a licensee must petition for review in a writing that states facts demonstrating that the petitioner is a person to whom the order is specifically directed, and that the petitioner is aggrieved or adversely affected by the order. The petition must be filed with the Board of County Commissioners within 15 days after the licensee is given notice of the order.
(C) (1) The Board of County Commissioners shall act as an administrative law judge. They shall keep a record of the proceedings. At each stage of the proceeding, the County Board of Health has the burden of persuasion and the burden of going forward with the proof.
(2) (a) The Board of County Commissioners shall regulate the course of the proceedings in an informal manner without recourse to the technical, common law rules of evidence applicable to civil actions in the courts. All testimony must be made under oath or affirmation. The Board of County Commissioners shall have the hearing recorded at the expense of the County Board of Health.
(b) The Board of Health is not required to prepare a transcript, at its expense, or any licensee, at its expense; it may cause a reporter approved by the County Board of Health to prepare a transcript of the record.
(3) The Board of County Commissioner’s decision is a final order. The order must include separately stated findings of fact for all aspects of the order. Findings of ultimate fact must be accompanied by a concise statement of the underlying basic facts of record to support the findings. The Board of County Commissioner’s order shall be issued in writing within 90 days after conclusion of the, hearing, or after submission of proposed findings, unless this period is waived or extended with the written consent of all parties, or for good cause shown. The Board of County Commissioners shall have copies of the order delivered to the County Board of Health and to the licensee.
(D) (1) Judicial review of the Board of County Commissioner’s action is initiated by filing a petition for review in the appropriate court under I.C. 4-21.5-5
, which is hereby adopted by reference. A person may file a petition for judicial review only after exhausting the administrative remedies available in this subchapter.
(2) A petition for review is timely only if it is filed within 30 days after the date that notice of the Board of County Commissioner’s action that is the subject of the petition for judicial review was served. Judicial review of disputed issues of fact must be confined to the record. The court may not try the cause de novo or substitute its judgment for that of the Board of County Commissioners.
(Prior Code, § 94.09) (Ord. 90-3, passed 1-15-1990)