(A) The Health Officer, upon written notice, may require any licensee to attend a hearing conducted to determine compliance with any provision of this chapter.
(B) The hearings provided for in this chapter shall be conducted by the Health Officer at a time and place designated by the Health Officer. A tape recording shall be made of all hearings and then summarized in writing. A transcript of the hearing will be made only if the licensee requests it and agrees to pay the cost of the transcription. The Health Officer shall make findings based upon the complete hearing record and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be served upon the licensee of, or the person-in-charge, by the Health Officer within ten days of the hearing. The licensee shall immediately comply with an order or decision of the Health Officer. In the event that the licensee or his or her authorized representative fails to attend the hearing, he or she shall be deemed to have accepted the decision of the Health Officer.
(C) In the event that the licensee fails to abide by the hearing decision or written orders of the Health Officer, the Health Officer may furnish written evidence of the violation to the County Prosecutor for appropriate action against the licensee, including prosecution, for violation of the provisions of this chapter. The Health Officer may also furnish written evidence of the violation to the County Attorney for appropriate action against the licensee, including enforcement action, for violation of the provisions of this chapter.
(D) Should the Health Officer be unable to conduct a hearing or should he or she consider it in the best interests of the county to do so, he or she may in his or her discretion establish a hearing board to conduct a food service hearing in the county. This Board shall be comprised of the manager of the Environmental Health Services Division of the Health Department and two members of the County Board of Health.
(Prior Code, § 16-42-5-24) (Ord. 102, passed 6-18-1973, 29 COM REC 422–423; Ord. 91-303, passed 4-1-1991, 91 COM REC 302–318; Ord. 2000-762, passed 11-20-2000, 2000 COM REC 761–780; Ord. 2005-322, passed 6-20-2005, 2005 COM REC 320–341)