Appendix 4613. Suspension and revocation.

(a)

Notice to Comply. Whenever it appears to the Director that any food facility, massage business, organized camp, public swimming pool, or septic tank pumper for which a Permit to Operate has been issued is being conducted in violation of this Chapter or any applicable permit, statute, ordinance, regulation, rule or order pertaining to such operation, a written notice to comply shall be issued by the Director to the permit holder.

(b)

Notice of Right to Hearing. If the permit holder fails to comply, the Director shall issue to the permit holder a notice setting forth the acts or omissions with which the permit holder is charged and informing the permit holder of the permit holder's right to a hearing, if requested, to show cause why the permit should not be suspended or revoked. Within fifteen (15) calendar days after receipt of the notice, the permit holder may submit to the Director a written request for a hearing. Failure to submit the request within this fifteen (15) day period shall be deemed a waiver of the right to a hearing. When circumstances warrant, the Director may, with or without any request by the permit holder, order a hearing to be held at any reasonable time within this fifteen (15) day period in order to expedite the permit suspension or revocation process.

(c)

Notice of Date of Hearing. If the permit holder serves such a request for hearing within such fifteen (15) day period, or if the Director orders the hearing within such fifteen (15) day period, the Director shall thereupon set the date for the hearing and serve the permit holder with at least five calendar days' notice of the time and place of the hearing. The Director may, upon written request of the permit holder, continue any hearing by setting a new time and serving notice upon the permit holder of the time and place of the continued hearing. Failure of the permit holder to appear at the hearing shall be deemed a waiver of the right to a hearing.

(d)

Hearing. Unless the permit holder has waived the hearing, the Director shall conduct the hearing at the date, time and place specified in the notice or such other date, time and place as may be mutually agreed to by the Director and the permit holder. The hearing shall be informal and shall not be governed by rules of evidence applicable to courts of law. The permit holder shall have the right to present relevant evidence at the hearing. The Director may, but need not, permit other persons to present relevant evidence.

(e)

Decision. At the close of the hearing, or at any time within five working days thereafter, the Director shall issue a written decision in the matter. The decision shall include findings, based upon the preponderance of the evidence accepted at the hearing, as to whether one or more of the acts or omissions with which the permit holder is charged have occurred and, if so, a conclusion as to whether the permit should be suspended or revoked. If the decision is that the permit should be suspended, the decision shall state the terms of the suspension. Notwithstanding the foregoing, if the permit holder has waived the right to a hearing, the Director may issue the decision without a hearing and the findings may be based upon the allegations set forth in the notice of right to hearing rather than upon the preponderance of evidence submitted at the hearing. In either case, the Director shall serve a copy of the written decision upon the permit holder. The decision of the Director shall be final and conclusive.

(f)

Invalidation of Permit. A Permit to Operate is not valid while it is suspended or anytime after it has been revoked.

(g)

Remedy Not Exclusive. This Section shall not deprive the Director or the County of the authority to pursue any other action or remedy otherwise available to them under the law.

(Rep. & Reen. Ord. 4364—6/19/07)