(A) Any person affected by an order or notice issued by the Health Department in connection with the enforcement of any section of this chapter may file, in the office of the Health Department, a written request for a hearing before the health authority. The health authority shall hold a hearing at a time and place designated by the Health Department within 30 days from the date on which the written request was filed. The petitioner for the hearing shall be notified of the time and the place of the hearing not less than five days prior to the date on which the hearing is to be held. If as a result of the hearing, the health authority finds that strict compliance with the order or notice would cause undue hardship on the petitioner, and that the public health would be adequately protected and substantial justice done by varying or withdrawing the order or notice, the health authority may modify or withdraw the order or notice and as a condition for such action may, whereas he or she deems necessary, make requirements which are additional to those prescribed in this chapter for the purpose of protecting public health. The health authority shall render a decision within ten days after the date of the hearing which shall be reduced to writing and placed on file in the office of the Health Department as a matter of public record. Any person aggrieved by the decision of the health authority may seek relief therefrom through a hearing before the Board of Health.
(B) Any person aggrieved by the decision of the health authority rendered as the result of a hearing held in accordance with this section may file in the office of the Health Department a written request for a hearing at a time and place designated by the Secretary of the Board of Health within 30 days of the date on which the written request was filed. The petitioner for the hearing shall be notified of the time and place of the hearing not less than five days prior to the date on which the hearing is to held. If, as a result of facts elicited as a result of the hearing, the Board of Health finds that strict compliance with the decision of the health authority would cause undue hardship on the petitioner, and that the public health would be adequately protected and substantial justice done by granting a variance from the decision of the administrator or acting administration, the Board of Health may grant a variance and as a condition of such variance may, where it deems necessary, make requirements which are additional to those prescribed by this chapter, all for the purpose of properly protecting the public health. The Board of Health will render a decision within ten days after the date of the hearing which shall be reduced to writing and placed on file in the office of the Health Department, and a copy thereof shall be served on the petitioner personally or by delivery to the petitioner by certified mail.
(C) The hearing/meeting procedures are noted below:
(1) The public hearing/meeting procedures will be summarized for all present by the Chairperson;
(2) The Chairperson will announce the subject of each public hearing/meeting, as advertised;
(3) In order to conduct the hearing/meeting within a reasonable time and to keep the subject at hand, we ask that the following rules be observed:
(a) Following the staff presentation the person(s) requesting to comment will be called; and
(b) Each person making a statement will be asked to complete the sign-in sheet prior to the meeting. When your name is called during the hearing/meeting process, please state your name and address for the record.
(D) (1) Please refrain from repeating what has been said before you and please do not involve personalities.
(2) Be as factual as possible.
(3) If there are numerous people in the audience who would like to participate on the issue, and it is known that all represent the same opinion, it is advised that a spokesman be selected to speak for the entire group. A spokesman will thus have the opportunity of speaking for a reasonable length of time, and of presenting a complete case. If this arrangement cannot be made, it may be necessary for the Chairperson to restrict each speaker to a limited amount of time.
(Prior Code, 6 TCC 1-12)