(A) All hearings shall be held by the Director of the Bell County Health Department or his designated representative. Such official shall be referred to as the Hearing Officer. However, the Director of the Bell County Health Department shall not designate as hearing officer any person or persons who have participated in the inspection of such food establishment or mobile unit, or has prior knowledge of the allegations or circumstances discovered in such inspection except such person designated as Hearing Officer may, prior to the hearing, receive a copy of the notice given to the permit holder or the person in charge.
(B) All hearings shall be conducted under rules consistent with the nature of the proceedings, including but not limited to the following rules which shall apply to such hearings:
(1) All parties shall have the right to be represented by counsel;
(2) Each party may present witnesses in his own behalf;
(3) Each party has the right to cross-examine all witnesses; and,
(4) Only evidence presented at such hearing may be considered in reaching a decision.
(C) If the permit holder fails to appear at the hearing, the Health Department shall present sufficient evidence to establish a prima facie case.
(D) If the Hearing Officer finds that the food service establishment, food processing establishment, or mobile unit was in violation of this chapter or that it constituted a hazard to public health, the Hearing Officer shall make written findings of fact and shall order the permit suspended until all violations of this chapter are corrected and any conditions constituting a hazard to public health are eliminated. A copy of the findings and order of the Hearing Officer shall be sent to the permit holder by certified mail, return receipt requested
(E) If the Hearing Officer finds that the public interest will be adequately protected by a warning or other penalties authorized under this chapter, he may reinstate the permit.
(F) Whenever the reasons for a suspension no longer exist, the permit holder or person in charge shall notify the Health Officer that the conditions have been corrected and request an inspection. Such inspection shall be made as soon as possible but not later than three regular working days after the receipt of the request.
(Ord. 79-1, passed 2-13-79)