(A) Any person(s) aggrieved by order issued under the enforcement options one through three of § 113.05(E) above shall be entitled to a review of the final order before a Hearing Officer, by filing a written request therefore with the Health Officer (Secretary of the County Board of Health). (See I.C. 16-20-1-10.) The written request must be mailed or hand delivered to the Health Officer, and must be received within 15 days after the final order is issued.
(B) Upon the Health Officer’s receipt of the request, the Hearing Officer shall hear the matter again in an open hearing after at least five days written notice of the time, place and nature thereof. The time shall be measured pursuant to the rules of court of the jurisdiction. (A shorter period of time may be granted, if requested by either party and agreed upon.)
(C) The notice of the hearing shall be served upon the person requesting the review by hand delivering or mailing by certified mail the notice to the address listed on the permit application as the person’s mailing address or other address, as the person shall designate in the letter of request to the Health Officer.
(D) The Hearing Officer establishes the rules of procedure and advised the parties prior to the start of the proceedings.
(E) The Hearing Officer shall make written findings of facts and shall enter its final order or determination of this matter in writing.
(F) The order completes the administrative appeals procedure.
(Ord. 2008-1, passed 3-24-2008)