24.09.100 Permit holder’s rights.

(1)    Notice. Any notice provided for in these regulations is properly served when it is delivered to the owner of the permit, the person in charge, or sent by registered or certified mail (return receipt requested) to the last known address of the owner of the permit. A copy of the notice shall be maintained on file by Clark County public health and must:

(a)    Be provided in writing;

(b)    State the action being taken; and

(c)    State the right for a hearing if a request is made within fourteen (14) calendar days of the notice being served.

(2)    Reinstatement Following Suspension. Any person whose permit has been suspended may at any time make application for a reinspection for the purpose of reinstatement of the permit. Upon receipt of a written request for reinspection, which must include a list of corrective actions taken to correct the deficiencies, and a statement signed by the applicant that in his/her opinion the conditions causing suspension of the permit have been corrected by these actions, Clark County public health shall make a reinspection.

(a)    Within two (2) working days following the request for reinspection, Clark County public health will reinspect and will reinstate the permit if the permit holder is in compliance with these regulations.

(b)    If the applicant is in compliance with the requirements of these regulations, the permit shall be reinstated.

(3)    Reinstatement Following Revocation. Any person whose permit has been revoked may, after six (6) months, make a written application for the purpose of obtaining a new permit. An administrative hearing will be required to determine if a new permit shall be issued.

(4)    Administrative Hearing. An opportunity for a hearing will be provided if the holder of the permit files a written request for an administrative hearing with Clark County public health within fourteen (14) calendar days of notice to suspend or notice to revoke or hold order are issued. If no written request for a hearing is filed within fourteen (14) calendar days, the suspension and/or revocation and/or hold order is sustained.

(5)    An appeal shall not stay the suspension or revocation of the food establishment permit. If an appeal is not filed within fourteen (14) calendar days, the health officer shall notify the permit owner that the suspension revocation is sustained.

(6)    Appeals shall be filed with the director of Clark County public health. Appeals shall be heard by a hearings examiner within thirty (30) calendar days of receipt of the appeal. The hearing examiner shall make a final finding based upon the complete hearing record and shall sustain, modify or rescind the suspension or revocation. A written report of the administrative hearing decision shall be furnished to the holder of the permit by the hearing examiner. The decision shall be final. (Sec. 11 of Ord. 2006-08-10)