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(1) Persons aggrieved by a notice of violation, order, fine or assessed costs issued by the Health Officer or his/her designees pursuant to this chapter may request a hearing with the Health Officer for the purpose of disputing or requesting a stay or modification of such notice, order, fine or assessed costs.

(2) A request for hearing before the Health Officer shall be made in writing and served to the Health Officer within 10 working days of the serving of the notice, order, fine or assessed costs. The request shall be made by fully completing and submitting a Request for Hearing form supplied by Environmental Health Services. A fee in the amount listed in the most current Clallam County Health and Human Services fee schedule is due and payable at the time the request is submitted.

(3) The Health Officer shall hold a hearing not less than 20 days nor more than 30 days from the request for hearing unless mutually agreed upon in writing by the Health Officer and person requesting the appeal.

(4) Notice of the hearing shall be given to the person requesting the appeal, the applicant and the property owner, as applicable.

(5) Upon holding the hearing requested, the Health Officer shall provide written notice of intent sustaining the order, fine or assessed costs within five working days of the hearing. Notice shall be served personally or via certified mail to the person requesting the appeal and property owner, if different than the person requesting the appeal.

(6) The Health Officer may require the parties to attend a prehearing conference at least three calendar days prior to the scheduled hearing. The prehearing conference may be conducted over the telephone. The purpose of the prehearing conference is to discuss process, settlement and/or summary disposition, clarification and jurisdiction of issues raised in the request for hearing.

(7) If settlement is reached at any time prior to the hearing before the Health Officer, a written settlement agreement may be issued in lieu of a written decision by the Health Officer. All parties must sign the settlement agreement. A settlement agreement shall be final and may not be appealed. If a settlement agreement is reached seven or more calendar days prior to the Health Officer conducting the hearing, 80 percent of any appeal or hearing fee paid shall be refunded.

(8) The aggrieved party may make a written request to appeal the Health Officer’s decision to the Board of Health within 10 working days of the date the decision is issued. The request for appeal must meet the requirements of subsection (2) of this section. The BOH will hear the request for appeal within 45 days of receipt of the request to appeal the Health Officer’s decision.

(a) A fee in the amount listed in the most current Clallam County Health and Human Services fee schedule is due and payable when an appeal of the Health Officer’s decision is made to the BOH.

(9) Following the issuance of the Board of Health’s written decision, an aggrieved person may file an appeal in a court of competent jurisdiction to appeal such decision within 30 days of the issuance of such decision.

(10) The filing of a request for hearing or appeal pursuant to this section shall operate as a stay from the requirement to perform corrective action ordered by the Health Officer, except when the Health Officer:

(a) Issues an emergency order based on a public health need for immediate compliance; or

(b) Determines that an imminent public health threat exists.

(11) It is unlawful for any person to fail to comply or otherwise violate a decision or order resulting from a hearing officer or Board of Health hearing.