(A) Cause for revocation. When a person licensed under the provisions of this chapter violates a provision of this chapter, or provides information toward the evaluation of soil or site conditions, the installation of an onsite wastewater treatment system, or required management activities or the reporting of management activities that is false, the Health Officer may issue a notice of intent to revoke that person’s license.
(1) Written notice. The Health Officer shall give written notice to the licensee by regular, certified or registered mail stating as follows:
(a) The alleged violation(s) of this chapter or incident(s) of providing false or erroneous information.
(b) An indication of intent to revoke the license.
(c) Notification that the license will be revoked unless the person requests a hearing as provided for in subsection (B) within ten business days.
(B) Hearing not required. If the Health Officer does not receive a request for a hearing within ten business days of the date of the notice, the revocation of approval shall be considered final.
(C) Board of Health hearing. When a licensee receives notice of intent to revoke their license from the Health Officer, that person may make a written request to the Health Officer for a hearing before the Board of Health Hearings Committee. The request for a hearing shall be made in accordance with §§ 176.15 through 176.17.
(1) Hearing determination. Within 15 business days after the closing of the hearing, the Board of Health Hearings Committee, having considered the record made at the hearing, shall render a decision in writing, setting forth the reasons for the decision. The action taken by the Board of Health Hearings Committee shall be final and shall be subject to judicial review.
(a) Imposition of decision and judicial review. A decision by the Board of Health Hearings Committee to revoke a license in accordance with this section shall be imposed 35 days after the date of the decision in order to allow the licensee to seek judicial review. The decision shall provide written instructions to the licensee for complying with the decision, including the dates the actions required by the decision take effect, and remain in effect.
(2) Fees. A fee for a hearing request shall be in accordance with the current fee schedule adopted by the County Board as codified in § 178.01, and shall be submitted by the licensee with the request for hearing. If a judicial review is sought, the licensee shall pay for the cost of the transcript.
(D) Reinstatement of license. When a person licensed under the provisions of this chapter has that license revoked, they may re-apply for the license in the next calendar year renewal cycle.
(Ord. [Bd of Health Ord., Art. V], passed 11-12-1996; Ord. [Bd of Health Ord., Art. V], passed 11-12-2013; Res. passed 2-10-2015; Ord. 17-0605, passed 6-13-2017; Ord. 24-1005, passed 8-13-2024)