(a) The appellate duties of the Health Commission shall be to conduct hearings upon appeals as required by law from any final order of the Director, or any other employee or agent of the Health Department who is legally authorized to issue a final order. The chairman shall convene the Commission and conduct the appeal hearing in accordance with the provisions of this chapter, and the laws of Ohio, and he shall have the authority to administer oaths.
(b) Any person who is the subject of a final order, as aforesaid, shall have the right to a review of such order by the Commission, provided that such appellate right is provided by law and the following jurisdictional requirements and all other statutory requirements have been satisfied:
(1) Written notice of appeal must be received by the Director within ten days from the date of the final order, accompanied by a deposit of one hundred dollars ($100.00) toward anticipated costs of the appeal, as determined by the Commission pursuant to subsection (g) hereof.
(2) The notice of appeal shall contain the specific order appealed from the grounds upon which the appeal is taken and the relief requested.
(3) Upon receipt of the foregoing, the Director shall automatically stay the execution of the enforcement of the order pending the decision of the Commission, unless he certifies that he has reasonable cause to believe that a public emergency exists.
(c) Upon perfection of a notice of appeal as heretofore provided, the Director shall forthwith notify the chairman thereof, and within ten days from the date of perfection of the appeal the Director shall file with the secretary a complete transcript of all the papers, testimony and evidence taken into consideration in issuing the order appealed from, together with a statement of the facts as found and the reasons for the order, and shall notify the appellant of the transmittal and provide the appellant with a copy.
(d) The secretary of the Commission, upon receipt of the foregoing record, shall forthwith notify the chairman thereof, and shall transmit a copy to each member of the Commission. The chairman shall convene a hearing of the Commission within twenty days from the date of transmittal of the record, and notice of the hearing shall be served upon the appellant and the Director not less than seven days prior to the date of the hearing.
(e) The Commission shall hear the appeal upon the record; however, it may permit additional evidence or oral arguments to be offered by any other person affected directly by the order. A quorum of not less than four members shall be required to conduct a hearing. If four members cannot concur in a finding or order, the Commission shall be deemed to have affirmed the order with respect to the issue involved.
(f) Within ten days after the hearing, the Commission shall issue its findings of fact and conclusions of law that the order appealed from is or is not unconstitutional, illegal, arbitrary, capricious, unreasonable or unsupported by the preponderance of substantial, reliable and probative evidence on the whole record. Consistent with its findings, the Commission may affirm, reverse, vacate or modify the order appealed from, or remand the cause with instructions to enter an order or proceed in a manner consistent with the findings or opinion. No order of the Commission or any rule of its procedure shall conflict with the express purposes and provisions of applicable laws.
(g) The Commission shall apportion the necessary costs of the proceedings, including the recording and transcription of the hearing, between the parties in a reasonable manner, and order the same paid forthwith to the Treasurer of the City, or order the deposit refunded in whole or in part to the appellant.
(h) Any final decision of the Commission shall be forthwith served on all parties and shall not be effective until the expiration of the statutory period of ten days to enable either party to perfect an appeal to the Common Pleas Court of Lucas County, as provided by and under the authority of Ohio R.C. Chapter 2506.
(Ord. 773-90. Passed 7-31-90.)