(A) Permits issued under the provisions of this chapter may be suspended by the Health Officer upon notice to the permit holder of same. Reasons for suspending the permit include, but are not limited to, the following:
(1) Failure to comply with the provisions of this chapter;
(2) Failure to comply with the provisions of this chapter after notification by the Health Officer;
(3) Failure to comply with the provisions of this chapter within the time established by the Health Officer;
(4) Interference with the Health Officer in the performance of his duties, including, but not limited to, failure to allow the Health Officer access to the permit holder’s building or records;
(5) Failure to update the original and renewal applications, as required by this chapter;
(6) Knowingly furnishing false information on the original or renewal applications; or
(7) Conducting procedures without prior approval, given by the Department.
(B) Upon making a determination that a suspension is appropriate, the Health Officer shall advise the permit holder in writing of the intended suspension. The notice shall be delivered in person by the Health Officer or sent via certified mail to the address of record on the permit. Within five working days after receiving the notice of suspension, the permit holder may make a written request for a hearing with the Health Officer. Failure to request a hearing with five working days shall be construed as a waiver of a right to a hearing. Upon receipt of the request for a hearing, a hearing shall be conducted pursuant to § 5.7.
(C) Permits issued under the provisions of this chapter may be suspended by the Health Officer without notice to the permit holder when, in the judgment of the Health Officer, a condition exists that will result in an imminent health hazard to the public.
(D) (1) Upon making a determination that a suspension without notice is appropriate, the Health Officer shall immediately, without warning or notice, advise the permit holder of said condition and all body art operations shall be immediately discontinued.
(2) If a suspension is ordered pursuant to division (C) above, the practitioner or establishment may request a hearing within five working days of the suspension taking effect. Upon receipt of the request for a hearing, a hearing shall be conducted pursuant to division (G) below. If no request for hearing is made within five working days of the suspension taking effect, the practitioner/establishment shall be deemed to have waived any right to a post-suspension hearing.
(E) Permit revocation. Permits issued under the provisions of this chapter may be revoked by the Health Officer upon notice to the permit holder of same. Reasons for revoking the permit include, but are not limited to, the following:
(1) Repeated failure to comply with the provisions of this chapter;
(2) Interference with the Health Officer in the performance of his or her duties, including, but not limited to, failure to allow the Health Officer access to the permit holder’s building or records;
(3) Failure to update the original and renewal applications, as required by this chapter;
(4) Knowingly furnishing false information on the original or renewal applications;
(5) Failure to apply for re-inspection within 30 days of the end of a suspension period imposed for violations any of the provisions of this chapter; and,
(F) Upon determining that a revocation is appropriate, the Health Officer shall advise the permit holder in writing of the intended revocation. The notice shall be delivered in person by the Health Officer or sent via certified mail to the address of record on the permit. Within five working days after receipt of the notice of revocation, the permit holder may make a written request for a hearing within five working days with the Health Officer before imposition of the revocation. Failure to request a hearing with five working days shall be construed as a waiver of a right to a hearing.
(G) Hearings held pursuant this section shall be held within ten working days after receipt of the request for hearing. Such hearings shall occur at the Macon County Health Department before the Macon County Board of Health. The Board of Health shall receive evidence from the Health Officer and from the requester, if the requester chooses to present evidence. Upon a finding that the Health Officer has proved, by a preponderance of the evidence, that the establishment or practitioner is in violation of this chapter, the Board shall affirm the suspension of revocation, or it may modify the terms of said suspension or revocation as it deem necessary to promote the public safety and welfare.
(H) Notices sent via certified mail to the address of record on the permit shall be considered received by the permit holder as of the second business day following placement in the mail. For example, if the notice is placed in the mail on Monday, it will be deemed received by the permit holder on Wednesday.
(Ord. O-115-1-15, passed 1-8-2015) Penalty, see § 112.99