(A) Appeal submitted after deadline. If an appeal is not submitted within seven days of the enforcement action, it is untimely. The Commissioners may choose to grant an exception for the untimely submission, particularly given any justifiable or reasonable cause for delay. However, the Commissioners are not required to provide an extension of time within which to submit the appeal and, as such, it may be summarily dismissed.
(B) Incomplete appeal. An appeal that lacks one or more of the requirements contained in § 31.02 may be summarily dismissed.
(C) Order to stay enforcement action. Upon receipt of a timely and properly filed appeal of an enforcement action as described in this subchapter, the Commissioners may issue an order to stay the enforcement action until the disposition of the appeal.
(D) Determination to conduct hearing. Within 15 days of the submission of a timely and properly filed appeal of an enforcement action as described in this subchapter, the Commissioners:
(1) May grant the request for a hearing to consider the appeal;
(2) May deny the request for a hearing to consider the appeal; or
(3) May take no action.
(E) (1) Granting of request for hearing. If the Commissioners determine to grant the request to conduct a hearing to consider the appeal:
(2) A notice of hearing, including the date, time, and location of the public meeting where the hearing will occur, shall be sent, within 15 days of the date on which the determination to conduct a hearing was reached, to:
(a) The Morgan County Board of Health by email and to its regular business address. This shall include delivering a copy to a specific officer of the Board of Health, as the case may warrant.
(b) The appellant by email, if provided, as well as to his or her home address, as provided at the time of submission of the appeal.
(F) (1) Denial of request for hearing. If the Commissioners determine to deny the request to conduct a hearing to further consider the appeal:
(2) A notice of denial of appeal shall be sent, within 15 days of the date on which the determination to deny the appeal, to:
(a) The Morgan County Board of Health by email and to its regular business address. This shall include delivering a copy to a specific officer of the Board of Health, as the case may warrant.
(b) The appellant by email, if provided, as well as to his or her home address, as provided at the time of submission of the appeal.
(G) No action. If the Commissioners take no action on the appeal of an enforcement action with 15 days of the date the same is submitted, the appeal is deemed denied by operation of law. In this event, a notice of denial of appeal shall be sent in the same manner as prescribed in division (F) above.
(H) Consolidation of appeals. If two or more appeals are filed from the same order or involve common questions of law and fact, the appellant or Morgan County Board of Health may request consolidation of the appeals. Such request must be in writing, submitted at least seven days before the scheduled hearing date, and be sent to all parties to the proceedings. After reviewing the request, the Commissioners have the discretion to grant or deny the request to consolidate and shall send notice of its determination to all parties of concern to the matter.
(I) Ex parte communications. In order to avoid actual ex parte communications, or the appearance of the same, all parties are prohibited from communicating directly with any member of the Board of Commissioners prior to the hearing. However, except that a party may file, or submit, additional information that they request be considered by the Commissioners, so long as they also provide a copy of that writing to all other parties.
(Ord. 2022-7, passed 3-7-2022)