24.12.160 Appeal hearing process.

(1)    Whenever the health department denies a permit or suspends a permit for a solid waste handling facility it shall, upon request of the applicant or holder of the permit, grant an open record appeal hearing on such denial or suspension before the health officer. Requests for an open record appeal hearing must be in writing and within ten (10) calendar days of the issuance of the health department’s denial or suspension. The request shall cite the requirement or determination appealed and shall contain a brief statement of the reasons for seeking the open record appeal hearing. The method of appeal as provided in this chapter shall be sole and exclusive.

(2)    The open record appeal hearing before the health officer shall occur within thirty (30) calendar days following receipt of the written notice of appeal, unless the matter is continued at the discretion of the health officer for good cause shown.

(3)    Written notice of the time and place of the open record appeal hearing shall be given to each interested party. Interested parties shall be the applicant, permit holder, other parties of record before the solid waste advisory commission, and other persons who have filed a written request for notice of further proceedings on this application or suspension.

(4)    The health officer shall affirm, modify, or overturn the order previously issued through a written decision containing supportive findings of fact and conclusions of law. The written decision of the health officer shall be mailed to all the parties within thirty (30) calendar days of the open record appeal hearing.

(5)    The health officer may, at his or her discretion and to the extent desired, use the services of the Clark County hearings examiner to conduct the open record appeal hearing and provide assistance in drafting the health officer’s written decision. (Sec. 16, Ord. No. 1978-02-01; amended by Sec. 3 of Ord. 2006-04-06)