41.40.030 Hearings.
(1) Request for a Hearing Following Notice of Suspension of a Food Establishment Permit. Any permit holder who has received a notice of suspension of a food establishment permit may request a hearing by filing a written request for a hearing within ten (10) days of receipt of the notice of suspension. The Health Officer will hear such appeals. The Health Officer’s decision 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 thirty (30) days of the date of the decision.
(a) Administrative Hearing. Any person aggrieved by an order suspending a food establishment permit 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 Health Officer’s decision. Such request shall be presented to the Health Officer within ten (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 twenty (20) days nor more than thirty (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 fourteen (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 twenty-one (21) days of the close of the hearing.
The appellant shall bear the burden of proof and may overcome the order suspending the food establishment permit 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 thirty (30) days of the date of the decision.
(2) Request for Hearing Following Notice of Revocation of a Food Establishment Permit.
(a) Administrative Hearing. Any permit holder in receipt of a notice of revocation of a food establishment permit 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 ten (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 twenty (20) days nor more than thirty (30) days from the date the request was received. The Health Officer will issue a decision affirming, reversing, or modifying the revocation order. 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 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 order revoking the food establishment permit.
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 fourteen (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 twenty-one (21) days of the close of the hearing.
The appellant shall bear the burden of proof and may overcome the permit revocation order 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 thirty (30) days of the date of the decision.
(d) Appeal of Health Officer’s Decision to Board of Health.
(i) Any person aggrieved by the findings, conclusions or orders of and administrative hearing conducted by 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 thirty (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 suspension or revocation of food establishment permits by the Health Officer shall remain in effect during the appeal process. Any person affected by the suspension may make a written request for a stay of the decision to the Health Officer within five (5) business days of the Health Officer’s decision. The Health Officer will grant or deny the request within five (5) 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 fifteen (15) days or more than thirty (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 chair 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 thirty (30) days of the date of the decision.