(A) The hearings provided for in this chapter shall be conducted by the Health Officer at a time and place designated by the Health Officer. The Health Officer shall make a final finding 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 furnished to the holder of the license to operate the swimming pool, or to the person in charge, by the Health Officer within ten days of the hearing if requested from the Health Officer. The licensee and person(s) in charge shall immediately comply with an order or decision for the Health Officer. Should the Health Officer be unable to conduct a hearing, or should the Health Officer consider it in the best interests of the county to do so, the Health Officer may, in the Health Officer’s discretion, request that the County Board of Health conduct the hearing.
(B) In the event that the licensee or the licensee’s authorized representative fails to attend any hearing, the licensee shall be considered to have accepted the decision of the Health Officer.
(C) In the event that the licensee or the person(s) in charge 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 Prosecuting Attorney for prosecution for violation of the provisions of this chapter. The Health Officer may also furnish written evidence of the violation to the office of the County Attorney for appropriate action against the licensee, including enforcement action for violation of the provisions of this chapter.
(Prior Code, § 16-19-3-5) (Ord. 95-065, passed 1-17-1995, 95 COM REC 64–84; Ord. 95-482, passed 5-15-1995, 95 COM REC 481–483; Ord. 06-167, passed 5-1-2006, 2006 COM REC 167–188)