Chapter 2.41
BOARD OF HEALTH FOOD PERMITS
Sections:
2.41.060 Compliance and Enforcement.
2.41.080 Conflict of interest.
2.41.090 Unconstitutionally clause.
2.41.100 Repeal and effective date.
2.41.010 Purpose.
The purpose of this ordinance is to safeguard public health and assure that food provided to consumers is safe, unadulterated, and honestly presented. It establishes definitions; sets standards for management and personnel; food operations, and equipment and facilities; and provides for Retail Food Establishment and/or Bed and Breakfast Establishment plan reviews, permits, inspections, and employee restrictions.
This ordinance defines Bed and Breakfast Establishment, Board, Conflict of Interest, Vanderburgh County Department of Health, Vanderburgh County Official, Hazard Analysis Critical Control Point, Health Officer, Hearing Officer, Imminent Health Hazard, Inspection Report, Operator, Order, Permit, Person, Retail Food Establishment; and Temporary Food Establishment; requires construction and/or alteration plans; requires a Permit and payment of Permit fees for the operation of Bed and Breakfast Establishment, Retail Food Establishment, and/or Temporary Food Establishment; prohibits sale of adulterated, unwholesome, or misbranded food; regulates inspection of such establishments; provides for compliance and the enforcement of this ordinance; provides penalties for violations of said ordinance; and incorporates by reference Indiana Code (IC) 16-42-1, IC 16-42-2, IC 16-42-5, IC 16-42-5.2, Indiana State Department of Health Rule(s) 410 Indiana Administrative Code (IAC) 7-15.5, 410 410 7-24, 410 IAC 7-21-47, 410 410 7-22 and 410 IAC 7-23.
The Vanderburgh County Department of Health is hereby authorized to issue Bed And Breakfast Establishment, Retail Food Establishment and/or, Temporary Food Establishment permits, collect Permit fees and penalties, perform inspections, hold hearings, Order or otherwise compel correction of violations of this ordinance, and is otherwise authorized to perform all actions necessary for the administration and enforcement of this ordinance.
(2.41.010, Added, 01/10/2006)
2.41.020 Definitions.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Bed and Breakfast Establishment” means an Operator occupied residence (as defined in 410 410 7-15.5) that:
A. provides sleeping accommodations to the public for a fee;
B. has no more than fourteen (14) guest rooms;
C. provides breakfast to its guests as part of the fee; and
D. provides sleeping accommodations for no more than thirty (30) consecutive days to a particular guest.
“Board” means the Vanderburgh County Board of Health as provided for and established pursuant to IC Ch. 16-20-2.
“Conflict of Interest” (derived from 68 68 9-1-1(b)(2)) means a situation in which the private financial interest of Vanderburgh County Official, Vanderburgh County Official’s spouse, ex-spouse, siblings, in-laws, children and/or unemancipated child, may influence the Vanderburgh County Official’s judgment in the performance of a public duty. (Note: The Vanderburgh County Officials should follow the code of ethics if a code of ethics was established for Vanderburgh County Officials.)
“Department” means the Vanderburgh County Department of Health as provided for and established pursuant to the terms of IC Ch. 16-20-2 and the department having jurisdiction over a Bed and Breakfast Establishment, Retail Food Establishment and/or Temporary Food Establishment.
“Vanderburgh County Official” means any Official of Vanderburgh County, Indiana.
“Hazard Analysis Critical Control Point (HACCP) Plan” (as defined in 410 410 7-24) means a written document that delineates the formal procedures for following the Hazard Analysis Critical Control Point principles developed by the National Advisory Committee on Microbiological Criteria for Foods.
“Health Officer” means the health officer as provided for and established pursuant to IC 16-1-3.8-9 and having jurisdiction in Vanderburgh County/City or his/her duly authorized representative.
“Hearing Officer” means an individual or panel of individuals acting in the capacity of a Hearing Officer in proceedings. The Hearing Officer is not the Health Officer or any other employee of the Vanderburgh County Health Department. (Examples of Hearing Officer could be the Vanderburgh County Board of Health, a subcommittee of Vanderburgh County Board of Health, a subcommittee of health professionals from the community or other non-biased third party appointed by the Board of Health.)
“Imminent Health Hazard” means any circumstance or situation, which in the opinion of the Health Officer, presents a serious health risk to the public.
“Inspection Report” means the document prepared by the Vanderburgh County Department of Health that is completed as the result of the inspection and provided to the Operator.
“Operator” means the person who has a primary oversight responsibility for operation of the establishment through ownership, or lease or contractual agreement, and who is responsible for the storage, preparation, display, transportation or serving of food to the public.
“Order” (derived from IC 4-21.5-1-9) means a Vanderburgh County Department of Health action of particular applicability that determines the legal rights, duties, privileges, immunities, or other legal interests of one (1) or more specific Persons. The term includes a permit.
“Permit” means the document issued by the Vanderburgh County Department of Health authorizes a Person to operate a Bed and Breakfast Establishment, Retail Food Establishment, and/or Temporary Food Establishment.
“Person” means an association; a corporation; an individual; partnership; or other legal entity, government, or governmental subdivision or agency.
“Retail Food Establishment” (as derived from 410 410 7-24) means:
A. an operation that:
1. stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, such as:
a. a restaurant;
b. satellite or catered feeding location;
c. a catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people;
d. a market;
e. a grocery store;
f. a convenience store;
g. a vending location;
h. a conveyance used to transport people;
i. an institution; or
j. a food bank; and
k. that relinquishes possession of food to a consumer directly or indirectly through a delivery service, such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
B. The term includes the following:
1. An element of the operation, such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority.
2. An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location, where consumption is on or off the premises, and regardless of whether there is a charge for the food.
“Temporary Food Establishment” (as defined in 410 410 7-24) means a Retail Food Establishment that operates for a period of no more than fourteen (14) consecutive days in conjunction with a single event or celebration.
(2.41.020, Added, 01/10/2006)
2.41.030 Permits.
A. General: It is unlawful for a Person to operate any Bed and Breakfast Establishment, Retail Food Establishment and/or Temporary Food Establishment in Vanderburgh County/City, without first obtaining a valid Permit from the Health Officer. The valid Permit must be posted in a conspicuous location in the Bed and Breakfast Establishment, Retail Food Establishment and/or Temporary Food Establishment.
Only persons who comply with the applicable requirements of 410 410 7-15.5 and /or 410 IAC 7-24 will be entitled to obtain and keep a Permit.
A separate Permit shall be required for each Bed and Breakfast Establishment, Retail Food Establishment and/or Temporary Food Establishment operated or to be operated by any Person.
A Permit issued under this ordinance is not transferable.
A Bed and Breakfast Establishment and/or Retail Food Establishment Permitted by Vanderburgh County Department of Health shall be considered registered as required in IC 16-42-1-6.
B. Permit Period: A Permit for a Bed and Breakfast Establishment and/or Retail Food Establishment shall be issued for a term beginning January 1, and/or within 30 days after the commencement of operation, and expiring December 31, of the same year and shall be applied for by the Person and/or Operator annually.
A Permit for a Temporary Food Establishment shall be for the term of one continuous operation.
C. Permit Content: Any Permit issued by the Health Officer shall contain
1. the name and address of the Person and/or owner to whom the Permit is granted;
2. the location of the establishment for which the Permit is issued;
3. the issuance and expiration date(s); and
4. other such pertinent data as may be required by the Vanderburgh County Health Officer.
D. Application: A Person desiring to operate a Bed and Breakfast Establishment, Retail Food Establishment and/or Temporary Food Establishment shall submit to the Vanderburgh County Department of Health a written application for a Permit on a form provided by the Vanderburgh County Department of Health.
E. Content of the Application: The application shall include:
1. The name, mailing address, telephone number, and original signature of the Person and/or Operator applying for the Permit and the name, mailing address, and location of the Bed and Breakfast Establishment, Retail Food Establishment and/or Temporary Food Establishment;
2. Information specifying whether the Bed and Breakfast Establishment, Retail Food Establishment and/or Temporary Food Establishment is owned by an association, corporation, individual, partnership, or other legal entity;
3. A statement specifying whether the Bed and Breakfast Establishment, Retail Food Establishment and/or Temporary Food Establishment:
a. If not permanent, is mobile and/or temporary, and
b. The operation includes one (1) or more of the following:
i. Prepares, offers for sale, or serves potentially hazardous food:
(A) Only to order upon a consumer’s request;
(B) In advance in quantities based on projected consumer demand and discards food that is not sold or served at an approved frequency; or
(C) Using time, rather than temperature, as the public health control as specified under 410 410 7-24.
(D) Prepares acidified foods as defined in 410 410 7-21-3.
ii. Prepares potentially hazardous food in advance using a food preparation method that involves two or more steps which may include combining potentially hazardous ingredients; cooking; cooling; reheating; hot or cold holding; freezing; or thawing;
iii. Prepares food as specified under item (3)(b)(ii) of this section for delivery to and consumption at a location off the premises of the Bed and Breakfast Establishment and/or Retail Food Establishment where it is prepared;
iv. Prepares food as specified under item (3)(b)(ii) of this section for service to a highly susceptible population, as defined in 410 410 7-24;
v. Prepares only food that is not potentially hazardous; or
vi. Does not prepare, but offers for sale only prepackaged food that is not potentially hazardous.
4. The name, title, address, and telephone number of the Operator directly responsible for the Bed and Breakfast Establishment, Retail Food Establishment and/or Temporary Food Establishment.
5. The name, title, address, and telephone number of the Person who functions as the immediate supervisor of the Person specified under subdivision (4) of this section such as the zone, district, or regional supervisor;
6. The names, titles, and addresses of:
a. The Persons comprising the legal ownership as specified under subdivision (2) of this section including the owners and operators, and
b. The local resident agent if one is required based on the type of legal ownership;
7. A statement signed by the applicant that:
a. Attests to the accuracy of the information provided in the application, and
b. Affirms that the applicant will:
i. Comply with this ordinance, and
ii. Allow the Vanderburgh County Department of Health access to the Bed and Breakfast Establishment, Retail Food Establishment and/or Temporary Food Establishment and records as specified in 410 410 7-15.5 and 410 IAC 7-24
8. Other information required by the Vanderburgh County Department of Health.
F. Qualification: To qualify for a Permit, an applicant must:
1. Be an owner and/or Operator of the Bed and Breakfast Establishment, Retail Food Establishment and/or Temporary Food Establishment;
2. Comply with the requirements of this ordinance;
3. Agree to allow access to the Bed and Breakfast Establishment, Retail Food Establishment and /or Temporary Food Establishment and provide required information; and
4. Pay the applicable Permit fees at the time the application is submitted.
G. Plans Requirements:
1. The owner or other authorized agent of an existing or proposed Bed and Breakfast Establishment and/or Retail Food Establishment shall submit to the Vanderburgh County Department of Health properly prepared plans and specifications for review and approval before:
a. the construction of a Bed and Breakfast Establishment and/or Retail Food Establishment;
b. the conversion of an existing structure for use as a Bed and Breakfast Establishment and/or Retail Food Establishment; or
c. the remodeling of a Bed and Breakfast Establishment and/or Retail Food Establishment or a change of type of Bed and Breakfast Establishment and/or Retail Food Establishment or food operation if the Vanderburgh County Department of Health determines that plans and specifications are necessary to ensure compliance with this section.
2. The plans and specifications for a Bed and Breakfast Establishment and/or Retail Food Establishment shall include, the type of operation, type of food preparation (as specified in Appendix B of the published version of 410 410 7-24), and the menu.
3. The plans and specifications shall be deemed satisfactory and approved by Vanderburgh County Department of Health before a Permit can be issued.
4. A pre-operational inspection shows that the Bed and Breakfast Establishment and/or Retail Food Establishment is built or remodeled in accordance with the approved plans and specifications and that the establishment is in compliance with this ordinance, 410 410 7-24 and/or 410 IAC 7-15.5.
H. Change of Ownership: The Vanderburgh County Department of Health may renew a Permit for an existing Bed and Breakfast Establishment, and/or Retail Food Establishment or may issue a Permit to a new owner of an existing Bed and Breakfast Establishment and/or Retail Food Establishment after a properly completed application is submitted, reviewed, and approved, the fees are paid, and an inspection shows that the establishment is in compliance with this ordinance.
I. Responsibilities of the Operator: Upon acceptance of the Permit issued by the Vanderburgh County Health Department, the Operator in order to retain the Permit shall:
1. Comply with the provisions of this ordinance and all laws and rules adopted by reference herein and the conditions of any variances granted by the Indiana State Department of Health;
2. Immediately discontinue affected operations and notify the Vanderburgh County Department of Health if an Imminent Health Hazard may exist;
3. Allow representatives of the Vanderburgh County Department of Health access to the Bed and Breakfast Establishment and/or Retail Food Establishment at all reasonable times;
4. Comply with directives of the Vanderburgh County Department of Health including time frames for corrective actions specified in Inspection Reports, notices, Orders, warnings, and other directives issued by the Vanderburgh County Department of Health in regard to the Operator’s Bed And Breakfast Establishment and/or Retail Food Establishment or in response to community emergencies;
5. Accept notices issued and served by the Vanderburgh County Department of Health;
6. Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this ordinance or a directive of the Vanderburgh County Department of Health; and
7. Post the Permit in a location in the Bed and Breakfast Establishment and/or Retail Food Establishment that is conspicuous to consumers.
(2.41.030, Added, 01/10/2006)
2.41.040 Permit fees.
It shall be unlawful for any Person to operate a Bed and Breakfast Establishment, Retail Food Establishment and/or Temporary Food Establishment in Vanderburgh County, who has not paid the Permit fee required to be paid for the operation of such establishment.
The fee shall be paid for a term beginning January 1, and/or within thirty days after commencement of operation and expiring December 31, of the same year and shall be applied for by the Person and/or Operator annually.
Permit fees for the issuance of a permit under this Ordinance to a Bed And Breakfast Establishment, a Retail Food Establishment and/or a Temporary Food Establishment shall be set by the Vanderburgh County Department of Health, as provided by the Statutes of the State of Indiana. (See IC 16-20-1-27)
A receipt for the payment of such fee shall be provided by the Vanderburgh County Department of Health.
The payment of such fees shall be required for each Bed and Breakfast Establishment, Retail Food Establishment and/or Temporary Food Establishment operated or to be operated by any Person.
A. Permit Fee Schedule:
Fees shall be paid annually, or for such lesser period or hereafter in accordance with the following classifications.
1. Food service Establishments will be charged per number of food service employees:
a. One (1) through Ten (10) employees - $100.00
b. Eleven (11) through twenty five (25) employees - $150.00
c. Twenty six (26) through fifty (50) employees - $200.00
d. Fifty one (51) or more - $250.00
2. Food Market Establishments will be charged per square foot of floor area:
a. Under Three thousand (3000) square feet - $100.00
b. Three thousand (3000) square feet to Six thousand (6000) square feet - $150.00
c. Six thousand one (6001) square feet to Ten thousand (10,000) square feet - $200.00
d. Ten thousand one (10,001) square feet and over - $250.00
3. Mobile Food Service Establishment will be charged per mobile unit:
a. Annual permit - $100.00
b. After June 30th - $75.00
4. Vending Machines will be charged per machine:
a. Food and Beverage vending machine - $5.00
5. Temporary Food Service Establishment will be charged Ten dollars ($10.00) per day up to a maximum of Thirty dollars ($30.00) for three days or more.
B. Exemption from Permit Fees:
An organization that is exempt from the Indiana Gross Income Tax under Indiana Code 6-2.1-3-20 through 6-2.1-3-22 and offers food for sale to the final consumer at an event held for the benefit of the organization is exempt from the payment of fees. This exemption only applies to organization(s) that meet the criteria addressed in Indiana Code 16-42-5-4. The Health Officer shall be provided, upon request, proof of an organization’s tax exemption.
C. Late Fees:
A late fee shall be assessed for failure to obtain a permit:
1. within thirty days after commencement of the Bed and Breakfast Establishment and/or Retail Food Establishment - $100.00
2. for the annual renewal to operate a Bed and Breakfast Establishment and/or Retail Food Establishment if not renewed by March 1st of the permit renewal year as set by the Vanderburgh County Health Board - $100.00
The payment of fees under this Ordinance are not transferable or refundable.
(Ord. 08-13-008 § 4, amended, 8/27/2013; 2.41.040, Added, 01/10/2006)
2.41.050 Inspection.
A. General: The Vanderburgh County Health Department may inspect a Bed and Breakfast Establishment and/or Retail Food Establishment at least once every 6 months.
The Vanderburgh County Health Department may increase the interval between inspections beyond 6 months if:
1. The Bed and Breakfast Establishment and/or Retail Food Establishment is fully operating under an approved and validated Hazard Analysis Critical Control Point (HACCP) plan(s);
2. The Bed and Breakfast Establishment and/or Retail Food Establishment is assigned a less frequent inspection frequency based on a written risk-based inspection schedule.
3. The Vanderburgh County Department of Health may contact the Operator to determine that the nature of the food operation has not changed.
B. Temporary Food Establishment: The Vanderburgh County Department of Health shall periodically inspect throughout its Permit period a Temporary Food Establishment that prepares, sells, or serves unpackaged potentially hazardous food and may inspect Temporary Food Establishment that prepares, sells or serves unpackaged, non-potentially hazardous food that:
1. Has improvised rather than permanent facilities or equipment for accomplishing functions such as handwashing, food preparation and protection, food temperature control, warewashing, providing drinking water, waste retention and disposal, and insect and rodent control; or
2. Has untrained food employees.
C. Performance and Risk Based Inspections: Within the parameters specified in the above Inspection Subsection(s) of this Ordinance, the Vanderburgh County Department of Health shall prioritize, and conduct more frequent inspections based upon its assessment of a Bed and Breakfast Establishment and/or Retail Food Establishment’s history of compliance with this ordinance and the Bed and Breakfast Establishment and/or Retail Food Establishment’s potential as a vector of foodborne illness by evaluating:
1. Past performance, for violations of 410 410 7-15.5, 410 IAC 7-24 and/or 410 410 7-22 and/or HACCP plan requirements that are critical or non-critical;
2. Past performance, for numerous or repeat violations of 410 410 7-15.5 and/or
410 410 7-24 and/or HACCP plan requirements that are non-critical;
3. Past performance, for complaints investigated and found to be valid;
4. The hazards associated with the particular foods that are prepared, stored, or served;
5. The type of operation including the methods and extent of food storage, preparation, and service;
6. The number of people served; and
7. Whether the population served is a highly susceptible population.
D. Access Allowed at Reasonable Times After Due Notice: After the Vanderburgh County Department of Health presents official credentials and provides notice of the purpose of and the intent to conduct an inspection, the Operator shall allow the Vanderburgh County Department of Health to determine if the Bed and Breakfast Establishment, Retail Food Establishment, and/or Temporary Food Establishment is in compliance with this ordinance by allowing access to the establishment, allowing inspection, and providing information and records specified in this ordinance. The Vanderburgh County Department of Health is entitled the information and records according to IC 16-42-1-13 and IC 16-42-5-23, during the Bed and Breakfast Establishment and/or Retail Food Establishment’s hours of operation and other reasonable times.
Access is a condition of the acceptance and retention of a food establishment Permit to operate.
If access is denied, an Order issued by the appropriate authority allowing access may be obtained according to law. (See IC 16-20-1-26)
E. Inspection Reports: At the conclusion of the inspection, the Vanderburgh County Department of Health shall provide a copy of the completed Inspection Report and the notice to correct violations to the Operator or to the Person-in-charge, as required under IC 16-20-8-5.
F. Timely Correction of Critical Violations: Except as specified in the next paragraph, an Operator shall at the time of inspection correct a critical violation of 410 410 7-15.5, 410 IAC 7-24 and/or 410 410 7-22 and implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit.
Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the Vanderburgh County Department of Health may agree to or specify a longer time frame after the inspection, for the Operator to correct critical code violations or HACCP plan deviations.
After receiving notification that the Operator has corrected a critical violation or HACCP plan deviation, or at the end of the specified period of time, the Vanderburgh County Department of Health shall verify correction of the violation, document the information on an Inspection Report, and enter the report in the Vanderburgh County Department of Health’s records.
G. Refusal to Sign Acknowledgement: Refusal to sign an acknowledgment of receipt will not affect the Operator’s obligation to correct the violations noted in the Inspection Report within the time frames specified.
A refusal to sign an acknowledgment of receipt is noted in the Inspection Report and conveyed to the Vanderburgh County Department of Health historical record for the Bed and Breakfast Establishment, Retail Food Establishment and/or Temporary Food Establishment.
The Operator is not necessarily in agreement with the findings of the Vanderburgh County Department of Health inspection by acknowledgement of receipt.
H. Public Information: Except as specified in section 176 (Trade Secrets) of 410 410 7-24, the Vanderburgh County Department of Health shall treat the Inspection Report as a public document and shall make it available for disclosure to a Person who requests it as provided in law. (See IC 16-20-8-6)
(2.41.050, Added, 01/10/2006)
2.41.060 Compliance and Enforcement.
A. Application Denial: If an application for a plan review and/or Permit to operate a Bed and Breakfast Establishment, Retail Food Establishment, and/or Temporary Food Establishment is denied, the Vanderburgh County Department of Health shall provide the applicant with a notice that includes:
1. The specific reasons and rule citations for the application and/or Permit denial;
2. The actions, if any, that the applicant must take to qualify for the application and/or Permit; and
3. Advisement of the applicant’s right of appeal and the process and time frames for appeal that are provided in law.
B. Permit Suspension: The Vanderburgh County Department of Health may suspend a Permit to operate a Bed and Breakfast Establishment, Retail Food Establishment and/or Temporary Food Establishment if it determines through inspection, or examination of employee, food, records, or other means as specified in this ordinance, that an Imminent Health Hazard exists.
C. Ceasing Operation and Contacting the Vanderburgh County Health Department: An Operator of a Bed and Breakfast Establishment, Retail Food Establishment and/or Temporary Food Establishment shall immediately discontinue operations and notify the Vanderburgh County Department of Health if an Imminent Health Hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross unsanitary occurrence or condition, or other circumstance that may endanger public health.
An Operator need not discontinue operations in an area of an establishment that is unaffected by the Imminent Health Hazard.
D. Resuming Operation: If a Bed and Breakfast Establishment, Retail Food Establishment and/or Temporary Food Establishment has discontinued operations for the reasons stated above or otherwise according to law, the Operator must obtain approval from the Vanderburgh County Department of Health before resuming operations.
E. Outstanding Fees: Any outstanding fees may be a condition upon which a permit may not be issued.
F. Enforcement Options: The following Enforcement Options are available to the Vanderburgh County Department of Health:
1. Establishment of a process for the issuing of tickets based on violation of the Retail Food Establishment and/or Bed and Breakfast Establishment requirements.
(See IC 16-42-5-28 (g)).
2. Conduct of administrative proceedings for suspension and/or revocation of the Bed and Breakfast Establishment, Retail Food Establishment and/or Temporary Food Establishment Permit in front of a Health Officer.
3. Issuance by the Vanderburgh County Health Officer of an “Order to Abate” based on a condition that may transmit, generate, or promote disease. Failure on the part of the Operator to comply with the Order could result in the enforcement of the Order in the Vanderburgh Circuit Court or Vanderburgh Superior Court by the initiation of an action by the county attorney or county prosecuting attorney. (See IC 16-20-1-25).
4. If the action concerning public health is an ordinance violation, request the county attorney to institute a proceeding in the Vanderburgh Circuit Court or the Vanderburgh Superior Court for the enforcement of the ordinance violation.
(See IC 34-28-5-1).
5. If the action concerning public health is a criminal offense, request the county prosecuting attorney to institute a proceeding in the Vanderburgh Circuit Court or the Vanderburgh Superior Court for enforcement. (See IC 16-20-1-25(c)).
(2.41.060, Added, 01/10/2006)
2.41.070 Appeals.
A. Any Person(s) aggrieved by Orders issued under the Enforcement Options 1-3 of Section E above shall be entitled to a review of the final Order before a Hearing Officer by filing a written request therefore with the Health Officer (Secretary of the Vanderburgh County Board of Health See IC 16-20-1-10). The written request must be mailed or hand delivered to Health Officer, 420 Mulberry Street, Evansville, IN 47713-1231 and must be received within fifteen (15) days after such final Order is issued.
B. Upon the Health Officer receipt of such request, the Hearing Officer shall hear the matter again in an open hearing after at least five (5) days written notice of the time, place and nature thereof. The time shall be measured pursuant to the rules of court of the jurisdiction. (A shorter period of time may be granted, if requested by either party and agreed upon.)
C. The notice of the hearing shall be served upon the Person requesting the review by hand delivering or mailing by Certified Mail the notice to the address listed on the Permit application as the Person’s mailing address or such other address, as the Person shall designate in the letter of request to the Health Officer.
D. The Hearing Officer establishes the Rules of Procedure and advises the parties prior to the start of the proceedings.
E. The Hearing Officer shall make written findings of facts and shall enter its final Order or determination of this matter in writing.
F. The Order completes the Administrative Appeals procedure.
(2.41.070, Added, 01/10/2006)
2.41.080 Conflict of interest.
No Vanderburgh County Official shall conduct himself or herself in a manner that is or could have the appearance of a Conflict of Interest.
(2.41.080, Added, 01/10/2006)
2.41.090 Unconstitutionally clause.
Should any section, paragraph, sentence, clause, or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remainder of this ordinance shall not be affected thereby
(2.41.090, Added, 01/10/2006)
2.41.100 Repeal and effective date
All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed, and this ordinance shall be in full force and effect thirty (30) days after its adoption and publication as provided by law.”
(2.41.100, Added, 01/13/2006)