41.30.080 Appeals.
(1) Appeal of an Order Prohibiting Use. Any person required to be notified of an order prohibiting use under RCW 64.44.030 may appeal the order. Such appeals will be heard by the Health Officer. Any such appeal must be made within 10 days of service of the order and the appeal will conform to the requirements of RCW 64.44.030 and this chapter. The decision of the Health Officer regarding an order prohibiting use may be appealed to the Board of Health. Any action to review the Health Officer’s decision must be filed within 30 days of the date of the decision. The order prohibiting use shall remain in effect during the appeal.
(a) Health Officer Administrative Hearing. Any person aggrieved by an order prohibiting use may request, in writing, a hearing before the Health Officer or his or her designee. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the Health Officer. Such request shall be presented to the Health Officer within 10 days of the action appealed. Upon receipt of such request together with any applicable hearing fees, the Health Officer shall notify the person in writing of the time, date, and place of such hearing, which shall be set at a mutually convenient time not less than 20 days nor more than 30 days from the date the request was received. The Health Officer will issue a decision affirming, reversing, or modifying the order prohibiting use. The Health Officer may require additional actions as part of the decision.
(b) Hearing Procedures. Hearings shall be open to the public and presided over by the Health Officer. Such hearings shall be recorded. Hearings shall be opened with a recording of the time, date and place of the hearing, and a statement of the cause for the hearing. The Health Officer shall then swear in all potential witnesses. The case shall be presented in the order directed by the Health Officer. The appellant may present rebuttal. The Health Officer may question either party. The Health Officer may allow for a closing statement or summation. General rights include:
(i) To be represented by an attorney;
(ii) To present witnesses;
(iii) To cross-examine witnesses;
(iv) To object to evidence for specific grounds.
In the conduct of the proceeding the Health Officer may consider any evidence, including hearsay evidence, that a reasonably prudent person would rely upon in the conduct of his or her affairs. Evidence is not admissible if it is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this State. The Health Officer shall decide rulings on the admissibility of evidence, and the Washington rules of evidence shall serve as guidelines for those rulings.
Inasmuch as any appeal to the Board of Health from a Health Officer decision is a review on the record, the Health Officer shall ensure that the record generated contains testimonial and documentary evidence supporting the Health Officer’s issuance of the order prohibiting use.
The Health Officer may continue the hearing to another date to allow for additional submission of information or to allow for additional consideration. Prior to closing of the hearing, the Health Officer shall issue its oral ruling unless the Health Officer determines that the matter should be taken under advisement. Written findings of fact, conclusions of law and orders shall be served on the appellant within 14 days of the oral ruling. If the matter is taken under advisement, written findings, conclusions and orders shall be mailed to the appellant within 21 days of the close of the hearing.
The appellant shall bear the burden of proof and may overcome the order prohibiting use by a preponderance of the evidence.
(c) Appeals. Any decision of the Health Officer shall be final and may be reviewable by an appeal filed with the Board of Health through the Health Officer. Any action to review the Health Officer’s decision must be filed within 30 days of the date of the decision.
(2) Appeal of Notice and Order to Correct Violation.
(a) Stay of Corrective Action. The filing of a request for hearing pursuant to this section shall operate as a stay from the requirement to perform corrective action ordered by the Health Officer while the hearing is pending, except there shall be no stay from the requirement for immediate compliance with an emergency order issued by the Health Officer or from the requirements of an unfit for use order prohibiting use.
(b) Health Officer Administrative Hearing. Any person aggrieved by a notice and order to correct violation may request, in writing, a hearing before the Health Officer or his or her designee. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the Health Officer. Such request shall be presented to the Health Officer within 10 days of the action appealed. Upon receipt of such request, together with any applicable hearing fees, the Health Officer shall notify the person in writing of the time, date, and place of such hearing, which shall be set at a mutually convenient time not less than 20 days nor more than 30 days from the date the request was received. The Health Officer will issue a decision affirming, reversing, or modifying the notice and order to correct violation. The Health Officer may require additional actions as part of the decision.
(c) Hearing Procedures. Hearings shall be open to the public and presided over by the Health Officer. Such hearings shall be recorded. Hearings shall be opened with a recording of the time, date and place of the hearing, and a statement of the cause for the hearing. The Health Officer shall then swear in all potential witnesses. The case shall be presented in the order directed by the Health Officer. The appellant may present rebuttal. The Health Officer may ask questions. The Health Officer may allow the opportunity for a closing statement or summation. General rights include:
(i) To be represented by an attorney;
(ii) To present witnesses;
(iii) To cross-examine witnesses;
(iv) To object to evidence for specific grounds.
In the conduct of the proceeding the Health Officer may consider any evidence, including hearsay evidence, that a reasonably prudent person would rely upon in the conduct of his or her affairs. Evidence is not admissible if it is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this State. The Health Officer shall decide rulings on the admissibility of evidence, and the Washington rules of evidence shall serve as guidelines for those rulings.
Inasmuch as any appeal to the Board of Health from a Health Officer decision is a review on the record, the Health Officer shall ensure that the record generated contains testimonial and documentary evidence supporting the Health Officer’s issuance of the notice and order to correct violation.
The Health Officer may continue the hearing to another date to allow for additional submission of information or to allow for additional consideration. Prior to closing of the hearing, the Health Officer shall issue its oral ruling unless the Health Officer determines that the matter should be taken under advisement. Written findings of fact, conclusions of law and orders shall be served on the appellant within 14 days of the oral ruling. If the matter is taken under advisement, written findings, conclusions and orders shall be mailed to the appellant within 21 days of the close of the hearing.
The appellant shall bear the burden of proof and may overcome the notice and order to correct violation by a preponderance of the evidence.
(d) Appeals. Any decision of the Health Officer shall be final and may be reviewable by an appeal filed with the Board of Health through the Health Officer. Any action to review the Health Officer’s decision must be filed within 30 days of the date of the decision.
(e) Appeal of Administrative Hearing.
(i) Any person aggrieved by the findings, conclusions or orders of the Health Officer shall have the right to appeal the matter by requesting a hearing before the Board of Health. Such notice of appeal shall be in writing and presented to the Health Officer within 30 days of the Health Officer’s decision. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the Health Officer.
(ii) The decisions of the Health Officer shall remain in effect during the appeal. Any person affected by the notice and order to correct violation may make a written request for a stay of the decision to the Health Officer within five business days of the Health Officer’s decision. The Health Officer will grant or deny the request within five business days.
(iii) Upon receipt of a timely written notice of appeal, the Health Officer shall set a time, date, and place for the requested hearing before the Board of Health and shall give the appellant written notice thereof. Such hearing shall be set at a mutually convenient time not less than 15 days or more than 30 days from the date the appeal was received by the Health Officer unless mutually agreed to by the appellant and Health Officer.
(iv) Board of Health hearings shall be open to the public and presided over by the chairman of the Board of Health. Such hearings shall be recorded. Board of Health hearings shall be opened with a recording of the time, date and place of the hearing, and a statement of the cause for the hearing. The hearing shall be limited to argument of the parties and no additional evidence shall be taken unless, in the judgment of the chair, such evidence could not have reasonably been obtained through the exercise of due diligence in time for the hearing before the Health Officer. Argument shall be limited to the record generated before the Health Officer unless the chair admits additional evidence hereunder.
(v) Any decision of the Board of Health shall be final and may be reviewable by an action filed in Superior Court. Any action to review the Board’s decision must be filed within 30 days of the date of the decision.