(A) Any person affected by an order or notice in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing on the matter before the County Board of Health, provided that the person files a written request for hearing with the Health Officer within 30 days after receipt of the order or notice. Written requests for hearing shall clearly state the following:
(1) The name and address of the person affected;
(2) The provisions of this chapter in question;
(3) The reasons for requesting a hearing;
(4) The requested relief; and
(5) The basis for the requested relief.
(B) A hearing requested pursuant to this section shall be conducted within 30 working days of the Health Officer’s receipt of the request. The hearing shall be conducted by the County Board of Health at a time and place designated by the Health Officer. Written notice of the time and place of hearing shall be delivered by regular U.S. mail to the person requesting the hearing at least ten days prior to the hearing. If the person requesting the hearing so requests, the Health Officer may grant a continuance of the hearing date for a period of not more than 30 days.
(C) A tape recording shall be made of the hearing, and the cost borne by the Health Department. However, a transcript of the hearing will be made only if a person requests it, and shall be transcribed at the cost of that person. The County Board of Health shall make a ruling based upon the complete hearing record, and shall sustain, modify, or rescind any order, suspension, revocation, or ruling challenged in the hearing, A written report of the hearing decision, including the reason(s) for the decision, shall be furnished to the affected person by the Health Officer within ten days of the hearing.
(D) At the request of the Health Officer, staff testimony may be presented at the hearing.
(E) The County Board of Health may, in its discretion, establish a Hearing Board to conduct water well system violation hearings in the county. Any such hearing board would have three members. The members of the Hearing Board would include the Health Officer, one representative of the Builders Association of Elkhart County appointed by the County Board of Health to serve at its pleasure, and one Indiana State-licensed well driller appointed by the County Board of Health to serve at its pleasure. In the event that a hearing board is established, the procedures indicated above in divisions (A), (B), and (C) shall apply with respect to hearings before the Hearing Board. In the event that either the Health Department or the affected person is not satisfied with the decision of the Hearing Board, either party may appeal to the County Board of Health for a further hearing on the matter, in accordance with and to be conducted under the provisions of divisions (A), (B), and (C) above. In such event, the County Board of Health may affirm, reverse, or modify the decision of the Hearing Board.
(F) In the event the Health Officer elects to instigate prosecution and enforcement action for violation of the provisions of this chapter, with the assistance of the County Prosecutor or the County Attorney, or both, the hearing provisions contained within this section shall not apply and shall not be available to the affected person.
(Ord. 2017-24, passed 11-20-2017)