§ 50-26. Created; membership; powers.

(a)

Created. There is created the board of health permits, which shall conduct hearings and render binding decisions relevant to the issuance, denial or revocation of any county permit issued by the health department.

(b)

Membership; compensation; quorum. The membership of the board of health permits shall serve without remuneration and shall consist of the director of the health department, the administrator of the consumer affairs division and five members of the community appointed by the board of county commissioners, which members shall include two members of the Pasco Restaurant Organization. A quorum shall consist of four members of the board.

(c)

Powers. The board of health permits is empowered to review the issuance, denial or revocation of any county permit by the health department to determine whether the decision is reasonably related to the objective of protecting the health, safety and welfare of the citizens of the county. After such a review, the board shall take one of the following actions:

(1)

The board may accept and ratify the actions of the health department upon a finding that such actions were reasonably related to the preservation of the public health, safety and welfare and to duly enacted state or county health regulations; or

(2)

The board may reject or modify the actions of the health department upon a finding that such actions were either wholly or partially unwarranted as being arbitrary, unreasonable or unrelated to the protection of the public health, safety, welfare or to the implementation of county and state health regulations.

(d)

Conduct of hearings. At any hearing, a person denied a permit by the health department or a person holding a permit which the health department seeks to revoke, either individually or by counsel, shall have the opportunity to respond to the findings of the health department, to present evidence and to cross examine witnesses.

(e)

Minutes of hearings. Minutes of each hearing shall be taken, a copy of which shall be preserved at the health department.

(f)

Decisions in writing. All decisions of the board shall be rendered in writing.

(Code 1970, § 11-34; Ord. No. 80-23, § 1, 9-23-80)