A hearing on an appeal of an emergency health order enforcement action shall be conducted in accordance with the following:
(A) The hearing shall be open to the public.
(B) The parties are directed to exchange documents, evidence, and information with another no less than 48 hours prior to the hearing.
(C) A subpoena of a witness or for production of evidence may be issued by the President of the Board of Commissioners, if requested by the appellant or the Morgan County Board of Health at least three days prior to the scheduled hearing. The Commissioners may apply for an order from the Morgan Circuit Court to enforce the subpoena, if necessary.
(D) Any person who testifies in the hearing will swear or affirm upon their oath to the truthfulness of the same.
(E) Any party may be represented by legal counsel, who may call witnesses, cross examine witnesses, present evidence, and make argument(s) on behalf of his or her client.
(F) The appellant, or their designated representative, shall present the basis for the appeal, call any supporting witnesses, and introduce any other evidence in support of the appeal.
(G) The Morgan County Board of Health or local health officer who issued the enforcement action being appealed, or their designated representative, shall have the opportunity to cross-examine the appellant and the appellant's supporting witnesses.
(H) The Morgan County Board of Health or local health officer who issued the enforcement action being appealed, or their designated representative, shall have the opportunity to respond to the appellant's presentation by calling its own supporting witnesses and introducing any other evidence he or she believes strengthens the case that the enforcement action is proper, and the appeal should be denied.
(I) The appellant, or their designee, shall have the opportunity to cross-examine the Board of Health or local health officer and any witness they may call at the conclusion of each witness's presentation.
(J) The Board of Commissioners, or their designated hearing officer, shall have the right to question any participant at any point during the hearing.
(K) The hearing shall be informal, and legal rules of evidence shall not apply; however, irrelevant, immaterial, or unduly repetitive evidence may be excluded from consideration.
(L) The entire Board of Commissioners, a single Commissioner, or a designee of the Board of Commissioners may act as the hearing officer for the hearing.
(Ord. 2022-7, passed 3-7-2022)