A. There is hereby established an Appropriate Mental Health Services Appeals Board.
(1) The Appropriate Mental Health Services Appeals Board shall consist of five members - a member of City Council, the City’s Health Officer or designee, a Licensed Mental Health Professional, and two private citizens nominated by the Mayor and confirmed by the City Council.
(2) The initial terms of the members of the Board of Appeals are as follows:
(a) Licensed Mental Health Professional – 4 years
(b) Health Officer or designee - 3 years
(c) Private citizen - 3 years
(d) Licensed Mental Health Professional - 2 years
(e) Private citizen – 2 years
(3) After the initial terms have expired, members of the Appeals Board shall be appointed for terms of four years.
(4) After all members have been appointed, the Appropriate Mental Health Services Appeals Board shall hold an organizational meeting within 30 days to appoint a Chair and Vice-Chair.
(5) Thereafter, an organizational meeting shall be held annually.
B. It shall be the responsibility of the Appropriate Mental Health Services Appeals Board to hold hearings to review all appeals of the revocation of a business license.
C. Hearings shall occur at monthly public meetings. Monthly meetings may be cancelled if there are no pending appeals as of ten days prior to the scheduled meeting.
(1) All hearings for appeals of determinations of licenses shall occur within 45 days of the date of service of the appeal.
(2) Notice of the date, time, and place of the hearing shall be served upon the Appellant and the Health Officer, in the Property Maintenance Division.
D. The Appropriate Mental Health Services Appeals Board shall issue its decision to either grant or deny the appeal within five business days of the date of the hearing. Notice of the decision shall be served upon the Appellant and the Health Officer, in the Property Maintenance Division.
E. Failure to hold an appeal hearing and/or issue a decision within the allotted time shall result in the appeal being granted.
F. All hearings shall be conducted pursuant to the requirements of the Local Agency Law (Subchapter B of Chapter 5 and Subchapter B of Chapter 7 of Title 2 of the Pennsylvania Consolidated Statutes).
(1) At its first and annual organizational meetings, the Appropriate Mental Health Services Appeals Board shall decide whether to engage stenographic services to record hearings for the ensuing year and shall consider the option to replace stenographic services with the meeting streaming system located in Council Chambers.
(2) An appellant has the right to retain the services of a court reporter or stenographer for the hearing at the appellant’s sole cost should such service not be provided by the Appropriate Mental Health Services Appeals Board.
G. Any appellant whose appeal is denied by the Appropriate Mental Health Services Appeals Board may continue to remain open during a pendency of appeal with the Berks County Court of Common Pleas.