1.20.080 Appeal from Examiner’s decision.
A. General. The decision of the Examiner shall be final and conclusive unless appealed by the appellant or Health Officer to the Board of Health.
B. Initiation of Appeal to Board of Health – Appellant. Any appellant wishing to appeal the decision of the Hearing Examiner to the Board of Health must file in writing a statement with the Health Officer within 15 days of the date of the decision of the Hearing Examiner. Such notice may be delivered personally to the Administration Office of Snohomish Health District (Attention: Health Officer) or sent by certified mail. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the Examiner, and a copy of the Hearing Examiner decision which shall be accompanied by a fee as established by the Board of Health in the fee schedule.
C. Initiation of Appeal to Board of Health – Health Officer. The Health Officer may appeal the decision of the Hearing Examiner to the Board of Health if the Health Officer believes that the Examiner’s decision may jeopardize the public health or is contrary to the applicable regulations. The notice of appeal by the Health Officer shall be filed with the Chair (or Vice-Chair in absence of the Chair) of the Board of Health in writing within 15 days of the date of the decision of the Hearing Examiner. Such notice shall contain a statement of the reason why the Health Officer believes that the Examiner made an error in issuing the decision and provide a copy of the Hearing Examiner decision. The Health Officer shall send a copy of the notice of appeal to the appellant by certified mail.
D. Stay of Examiner’s Decision. When an appeal of the Examiner’s decision is made to the Board of Health, the filing of such appeal shall stay the effective date of the Examiner’s decision until such time as the appeal is adjudicated or withdrawn.
E. Board of Health Consideration.
1. An Examiner’s decision which has been timely appealed shall be reviewed by the Board of Health at a regularly scheduled meeting within 45 days of the receipt of the appeal notice. Both parties shall be notified of the date of review by the Board of Health. Both parties may submit additional written information, if desired, for review by Board members. Such information must be received by the Health Officer not fewer than 10 days prior to the hearing to permit copying and mailing to Board members. By this process, it is not intended nor shall it be the obligation of the Board to receive or review the entire or extensive record from the Hearing Examiner proceeding in order to take action.
2. At the Board of Health Meeting referenced in subsection (E)(1) of this section, the Board of Health shall take one of the following actions:
a. Concur with the findings and conclusions of the Examiner and decline to hear an appeal.
b. Determine to hear the appeal at a public hearing to be established at a later date.
c. Remand a decision to the Hearing Examiner for further hearing and specifically identify for the Examiner the grounds for the remand.
At such meeting, staff shall provide an oral summary of the decision, and respond to any questions of the Board. Except as requested by the Chair, no additional comments or testimony from the appellant, public, or witnesses shall be taken on the subject matter for purposes of the decision to be made by the Board at said meeting.
3. In those instances in which the Board of Health determines to conduct a public hearing, such hearing shall be scheduled within 45 days of the Board of Health meeting referenced in subsection (E)(1) of this section, and all parties given notice of the date of the scheduled hearing. Procedures for the conduct of public hearings will be pursuant to the format identified in Snohomish Health District Environmental Health Hearing Rules of Procedure, and the Chair of the Board of Health, or such Board member selected by the Chair, shall coordinate the presentation of evidence and the decision. The issue before the Board will be limited to a determination of whether the Hearing Examiner erred under the clearly erroneous standard in making his/her decision. Under the clearly erroneous standard, the Board may only overturn the decision of the Examiner if, after reviewing the entire record, the Board is left with the definite and firm conviction that an error has been made. If the Board determines that an error did occur, it may issue a new decision or modify the decision rendered by the Examiner. The decision of the Board of Health shall be supported by findings and conclusions.
4. Staff shall provide appellant with written notice of the action taken by the Board hereunder.
F. Effect of Board of Health’s Decision. The Board’s decision not to hear an appeal or the Board’s decision after public hearing on an appeal shall be final and conclusive unless an application is made to a court of competent jurisdiction by writ of certiorari, writ of prohibition or writ of mandamus within 30 days of final Health District action or such time period as authorized by law. [Res. 11-35, Eff. 12/13/11. Res. 97-02, Eff. 01/14/97. Res. 96-27, Eff. 12/17/96. Res. 95-16, Eff. 05/09/95. Res. 93-32, Eff. 11/09/93. Prior code § 1.9.8].