A. An appeal shall be made on the form provided by the Director and must be filed with the Director within fifteen (15) days following the date of the decision appealed.
B. The appeal shall state specifically the objections to the decision, identify an abuse of discretion, and/or describe how the decision is not supported by the evidence. The appeal shall be accompanied by such evidence as may be required to facilitate review, and by the fee as referenced in the fee schedule.
C. A hearing may be requested by the applicant. If no hearing is requested, the decision will be made by the duly appointed Hearing Officer based on the record, the information in the notice of appeal, and any other written information provided to the Director prior to the decision.
D. If the applicant requests a hearing, the Hearing Officer shall designate a time and place for the hearing, and shall provide written notice to the applicant, the Director, Panhandle Health District 1, and any person affected by the decision.
E. The Hearing Officer shall conduct the hearing on the appointed date and time for the hearing. The applicant, City staff, Panhandle Health District 1 staff, interested members of the public, and public agency representatives shall be allowed to participate in such hearing. The Hearing Officer may establish time limits or other rules of procedure to expedite hearing of the request. The Hearing Officer shall see that a tape recording is made of the proceedings. Exhibits shall be identified in the record.
F. Upon completion of the hearing and compilation of the record, the Hearing Officer shall prepare a written decision which shall be transmitted to the applicant, the Director, Panhandle Health District 1, and any other person requesting notice of the decision. The recommendation shall set forth facts found relevant to the decision, legal principles applicable to the recommended decision and conclusions drawn from the hearing process.
G. No appeal may be taken from the Hearing Officer’s decision. The Hearing Officer’s decision shall be deemed final for purposes of judicial review. (Ord. 3716, 6-6-2023)