(A) An operator aggrieved by an order is entitled to a review of the final order before a Hearing Board by filing a written request therefor with the Health Officer (Secretary of the Board of Health; see I.C. 16-20-1-10). The written request must be sent by certified mail or by hand delivery to the Health Officer at 1917 Bono Road, New Albany, Indiana 47150, during regular hours of operation, and must be received within 15 days after the date such order is issued. The written request must set forth with specificity the factual and/or legal grounds for appeal, and only those matters set forth in the written request may be argued before the Hearing Board.
(B) Upon the Health Officer’s receipt of such request, the Hearing Board shall hear the matter 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 state’s rules of court. (A shorter period of time for hearing may be requested and granted in the sole discretion of the Chairperson of the County Board of Health, provided that such shorter time must permit compliance with I.C. 5-14-1.5.)
(C) The notice of the hearing date shall be served upon the operator requesting the review by delivering such notice to the address of the bed and breakfast establishment, retail food establishment, or temporary food establishment listed on the permit application or by facsimile or to such other address (if within the county), as the operator shall designate in the letter of request to the Health Officer. Such delivery may be made by leaving the notice at the required address or by regular U.S. mail.
(D) The Hearing Board shall establish the rules of procedure for the hearing and shall advise the operator of the same prior to the start of the proceedings. Such rules shall provide that an order may only be supported, in whole or in part, by a majority decision of the Hearing Board.
(E) Within seven days from the conclusion of the hearing, the Hearing Board shall make written findings of facts and conclusions concerning the final order or determination and shall deliver the same to the operator requesting the review by delivering the same to the address of the bed and breakfast establishment, retail food establishment, or temporary food establishment listed on the permit application or by facsimile or by hand delivery to such other address (if within the county), as the operator shall designate in the letter of request to the Health Officer. Such delivery may be made by leaving the notice at the required address or by regular U.S. mail.
(Ord. 2008-G-0814, passed 5-20-2008)