(A) Any person(s) aggrieved by orders issued under the enforcement options in divisions (F)(1) through (F)(2) in § 110.06 above shall be entitled to a review of the final order before a hearing officer by filing a written request therefore with the Health Officer (Secretary of the County Board of Health, see I.C. 16-20-1-10). The written request must be mailed or hand delivered to the County Health Board, 125 South Riverside Drive, Winamac, IN 46996, and must be received within 15 days after such final order is issued.
(B) Upon receipt of such request, the Health Officer shall appoint a hearing officer, and the hearing officer shall hear the matter again in an open hearing after at least five days written notice of the time, place, and nature thereof. The time shall be measured pursuant to the rules of court of the jurisdiction. A shorter period of time may be granted, if requested, by either party and agreed upon.
(C) The notice of the hearing shall be served upon the person requesting the review by hand delivering or mailing by certified mail the notice to the address listed on the permit application as the person’s mailing address, or such other address as the person shall designate in the letter of request to the County Health Board.
(D) The hearing officer establishes the rules of procedure and advises the parties prior to the start of the proceedings.
(E) The hearing officer shall make written findings of facts, and shall enter his or her final order or determination of this matter in writing.
(F) The order completes the administrative appeals procedure.
(Ord. 2006-1, passed 5-1-2006)