Sec. 50-26. - Created; membership; powers.

(a)

Created. There is created the board of health permits, which shall conduct hearings and render binding decisions relevant to the issuance, denial or revocation of any county permit issued by the health department.

(b)

Membership; compensation; quorum. The membership of the board of health permits shall serve without remuneration and shall consist of the director of the health department, the administrator of the consumer affairs division and five members of the community appointed by the board of county commissioners, which members shall include two members of the Pasco Restaurant Organization. A quorum shall consist of four members of the board.

(c)

Powers. The board of health permits is empowered to review the issuance, denial or revocation of any county permit by the health department to determine whether the decision is reasonably related to the objective of protecting the health, safety and welfare of the citizens of the county. After such a review, the board shall take one of the following actions:

(1)

The board may accept and ratify the actions of the health department upon a finding that such actions were reasonably related to the preservation of the public health, safety and welfare and to duly enacted state or county health regulations; or

(2)

The board may reject or modify the actions of the health department upon a finding that such actions were either wholly or partially unwarranted as being arbitrary, unreasonable or unrelated to the protection of the public health, safety, welfare or to the implementation of county and state health regulations.

(d)

Conduct of hearings. At any hearing, a person denied a permit by the health department or a person holding a permit which the health department seeks to revoke, either individually or by counsel, shall have the opportunity to respond to the findings of the health department, to present evidence and to cross examine witnesses.

(e)

Minutes of hearings. Minutes of each hearing shall be taken, a copy of which shall be preserved at the health department.

(f)

Decisions in writing. All decisions of the board shall be rendered in writing.

(Code 1970, § 11-34; Ord. No. 80-23, § 1, 9-23-80)

Sec. 50-27. - Denial of permits.

(a)

Appeal authorized. When the health department denies the issuance of any county permit, they shall send the person seeking the permit a written statement of the findings which caused the permit to be denied and notice that the individual has a right to request an appeal of the denial to the board of health permits within 15 days of such denial.

(b)

Hearing required. Upon request by the person denied a permit, the health department shall set up a prompt hearing before the board of health permits. The decision of the board shall be binding upon the health department.

(Code 1970, § 11-35; Ord. No. 80-23, § 2, 9-23-80)

Sec. 50-28. - Notice and hearing procedures.

(a)

Temporary closing of establishment. If there is a serious violation of article IV of this chapter pertaining to restaurants which, in sound discretion of the director of the health department, creates a serious and immediate danger to the public health, the director may, in writing, order a restaurant establishment to close, pending a hearing, which hearing shall be held by the board of health permits within 72 hours after issuance of the order. The director's order shall provide notice to the establishment's owner of his entitlement to such a hearing and of the time and place of the hearing. It shall be unlawful for such establishment to remain open after being ordered closed unless the director rescinds the order within the 72-hour period. The board shall either uphold, modify or overrule the order of the director immediately following the hearing.

(b)

Procedure.

(1)

When the health department determines that any plant, outlet, establishment, system or other facility holding a permit issued by the health department is not maintaining the minimum standards required for the issuance of the permit, the health department shall give the operator of such establishment written notice of the violation and a reasonable time, following the receipt of such written notice, within which to correct such violation.

(2)

Should the violation continue beyond the time specified for correction by the official notice, the health department may set up a revocation hearing before the board of health permits.

(3)

Notice shall be given by certified mail to the holder of the permit at least 14 days prior to the date set for the hearing and shall include a statement of the grounds which would warrant revocation.

(4)

The board of health permits shall review the facts of the case and the grounds for revoking the permit. If the board finds that the facts substantiate the grounds for revocation, the board shall authorize revocation of the permit by the health department. A decision of the board of health permits shall be binding on the health department.

(5)

When the health department finds that immediate serious danger to the public health, safety or welfare requires emergency suspension of any permit issued by the health department, the health department may summarily suspend the permit, provided that a revocation hearing before the board shall be instituted within three days of such action or at the convenience of the holder of the permit at any time after the three-day period.

(6)

Any person whose permit has been revoked may, at any time thereafter, make application in writing for reinstatement of the permit. Upon receipt of such application, the director of the health department shall have an inspection made, and if the establishment is found to be in full compliance with all applicable health regulations, a new permit shall be issued by the director.

(7)

The procedures set forth in this subsection shall be inapplicable to proceedings governed by subsection (a) of this section.

(c)

Petition to board. Any person aggrieved by the issuance of a permit by the health department may, within 15 days of the date of such issuance, petition the board of health permits for review of such issuance, provided that the only grounds for such review shall be:

(1)

That the permittee does not qualify for the permit under established criteria; or

(2)

The health department acted in excess of or without authority in issuing the permit.

The procedures for such a review shall substantially conform to those set forth in subsections (b)(2), (3) and (4) of this section.

(Code 1970, § 11-36; Ord. No. 80-23, § 3, 9-23-80)

Secs. 50-29—50-50. - Reserved.