§ 20-62. Hearing.  


Latest version.
  • (a)

    The permit holder shall have the right to a hearing, if requested, on all violations listed in the notice. A written request for a hearing shall be made by the permittee within 15 calendar days after receipt of the notice. A failure to request a hearing within 15 calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the hearing officer may order a hearing at any reasonable time within this 15-day period to expedite the permit suspension or revocation process. The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. Upon written request of the permittee, the hearing officer may postpone any hearing date, if circumstances warrant such action.

    (b)

    The hearing shall be presided over by the Health Officer or his or her duly authorized representative who is a qualified environmental health specialist as defined in Health and Safety Code § 106615 and registered as provided in Health and Safety Code § 106710 thereof, but shall not be the inspector who reported the violations or who inspected any corrective measure taken.

    (c)

    At the conclusion of the hearing, the hearing officer shall issue a written notice of decision to the permittee within five working days following the hearing. In the event of a suspension or revocation, the notice shall specify the acts or omissions with which the permittee is charged, and shall state the terms of the suspension, or that the permit has been revoked.

    (d)

    The Health Officer may, after providing opportunity for a hearing, modify, suspend, or revoke a permit for serious or repeated violations of any of the requirements of the applicable laws, rules and regulations.

(Code 1975, § 10-10; Ord. No. 92-04)