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HomeMy WebLinkAbout2010-18 lilt I;clk 11/61„ Please return to: FEE# 2010067619 Clerk of the Board OFFICIAL RECORDS ,, OF MOHAVE COUNTY CAROL MEIER, 136 COUNTY RECORDER 11/17/2010 09:08 AM Fee: $0.00 PAGE: 1 of 3 Mohave County Ordinance No. 2010-18 Procedure for Appeal of Decisions made by the Mohave County Department of Public Health Environmental Health Division Approved by the Mohave County Board of Supervisors November 15, 2010 MOHAVE COUNTY ORDINANCE NO. 2010-18 AN ORDINANCE ADOPTING A PROCEDURE FOR APPEAL OF DECISIONS MADE BY THE MOHAVE COUNTY DEPARTMENT OF PUBLIC HEALTH WHEREAS,the Mohave County Department of Public Health is delegated specific duties by the Arizona Department of Environmental Quality and the Arizona Department of Health Services; and, WHEREAS,the delegated functions and duties of the Mohave County Department of Public Health include decisions regarding permitting, licensing, and response to public health nuisance complaints; and, WHEREAS,the Mohave County Board of Supervisors finds that it is in the best interest of the residents of this County to have an opportunity to file an administrative appeal of any adverse decision made by the Mohave County Department of Public Health THEREFORE,BE IT RESOLVED,that the Mohave County Board of Supervisors, in support of the Director of the Mohave County Department of Public Health, do hereby order the attached ordinance be adopted outlining the procedure for appeal of decisions made by the Mohave County Department of Public Health and that Mohave County Board of Supervisors Resolution 2002-60 be set aside insofar as it conflicts with this ordinance. PASSED,APPROVED AND ADOPTED by the Board of Supervisors of Mohave County, Arizona the S day of N60,ex,rt\ c- , 2010. MO ' - 1U TY B 1 ARD OF SUPERVISORS WM. ����;`i O I SPN uster Johnson, Chairman ca ` 40z Gam% � r � ° /1 c7= i Iss * Di TAI OPUS * Q� 4k/ 4 Witur�Z O�NP�t\# ni APPEALS PROCEDURE EXCEPTION: A CONDITION THAT IS DEEMED BY THE MOHAVE COUNTY DEPARTMENT OF PUBLIC HEALTH ("DEPARTMENT") TO BE AN IMMEDIATE PUBLIC HEALTH THREAT MAY BE BROUGHT BY THE DEPARTMENT TO COURT THROUGH THE COUNTY ATTORNEY'S OFFICE FOR RELIEF WITHOUT CONDUCTING THE ADMINISTRATIVE HEARING PROCESS. Arizona Revised Statutes§36-183.05. 1. Notifications All adverse decisions made by the Department, at a minimum, inform the person against whom the decision is made: a. That the person has the right to file an appeal of the decision within fifteen(15) calendar days to the Department; Arizona Revised Statutes §36-183.04. b. That any questions regarding the appeal process may be directed to the Environmental Health Manager or Health Director; c. That any appeal shall be in writing and shall include the basis for the challenge,the relief requested, and, if applicable, reference to the statute or rule on which the challenge is based; d. That a Hearing Officer will be appointed by the Mohave County Department of Public Health Director or their designee. Arizona Revised Statutes §36-183.04. e. That within ten(10)business days after the Department receives an appeal,the Department will notify the Hearing Officer of the appeal and will include copies of the Department's decision and the appellant's appeal; f. That the Hearing Officer shall schedule the Hearing on the appeal within ten(10)business days of notification of the appeal; g. That the Hearing shall be held as soon as practicable, but no more than sixty(60) calendar days after the receipt of the protest by the Department, with at least twenty (20) calendar days notice given to the appellant of the date,time and place of hearing; Arizona Revised Statutes §§ 41-1061 and 41-1092.05; and h. That the appellant has the right to request an informal settlement conference prior to the hearing pursuant to A.R.S. §§ 41-1092.03(A) and 41-1092.06. 2. Hearing a. The hearing shall be conducted pursuant to Arizona Revised Statutes Title 41, Chapter 6, Article 6. b. After hearing evidence presented by the appellant and the Department,the Hearing Officer shall issue a written decision within ten(10)business days. If not appealed,the decision becomes a final decision of the Department after fifteen(15) calendar days of receipt of the decision. Arizona Revised Statutes§36-183.04(E). Receipt is presumed to have been made five (5)business days after mailing. 3. Appeal of Hearing Officer's Decision a. An adverse decision may be appealed by a person to the Mohave County Department of Public Health Director within fifteen(15) calendar days of receipt of the decision. The Director will affirm,modify, or vacate the Hearing Officer's decision. The Director's decision is the final decision of the Department and enforceable as a judgment in the Arizona Superior Court. Arizona Revised Statutes §36-183.04(F). b. After the decision of the Department becomes final, either the appellant or the Department may file a complaint in the Superior Court within thirty-five (35) calendar days from the date when a copy of the decision sought to be reviewed is served upon the party affected. Arizona Revised Statutes §12-904.