(A) Any permittee or licensee aggrieved by any final order of the Health Officer shall be entitled to a review of the final order before the Floyd County Board of Health (Board) by filing a written request therefore with the Secretary of the Board within 15 days after such final order is issued.
(B) Upon the Health Officer’s receipt of such request, the Board shall hear the matter de novo in an open hearing after at least ten days’ written notice of the time, place and nature thereof. (The Health Officer and permittee or licensee may agree to a shorter period of time, if requested by either party.) The notice shall be issued by the Secretary of the Board to the permittee or licensee filing the request.
(C) The notice of hearing shall be served upon the permittee or licensee by leaving or mailing by certified mail, the notice to the address listed on the permit application as the permittee’s or licensee’s mailing address or such other address as the permittee or licensee shall designate in writing to the Secretary of the Board.
(D) At such hearing, the same rules of procedure shall apply as set forth in § 122.23(B), provided, that upon written request by the permittee/licensee or the Health Officer, the Board shall cause the proceedings before it to be recorded by a reporter employed for such purpose, and the same, together with all papers and documents filed therein, shall, at the request of either party, be reproduced by said Board in the form of a transcript, a copy of which shall be available to any party.
(E) The expense of such proceedings shall be charged to the permittee/licensee who applied for the review, except that copies of transcripts shall be at the expense of the party requesting the same. At the time the transcript is requested, the Board may require the permittee/licensee to pay a deposit in an amount determined by the Board to be necessary to secure such expense(s).
(F) The Board shall make written findings of facts and shall enter its final order or determination of the matter in writing.
(Ord. G-10-15, passed 4-15-2010)