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Page 11 of 13 <br />modify or reverse the challenged action. The local Board of Health shall issue a written <br />decision based on the evidence presented at the hearing. The decision shall contain a <br />concise statement of the reasons for the decision. <br /> <br />(d) A person who wishes to contest a decision of the local Board of Health under <br />subsection (b) of this section shall have a right of appeal to the district court having <br />jurisdiction within 30 days after the date of the decision by the Board. The district court <br />may affirm, modify or reverse the decision of the Board with the scope of review as <br />stated in G.S. 150B-51.” <br /> <br />Administrative hearings are designed to resolve factual controversies quickly without <br />becoming bogged down in the procedural and evidentiary technicalities that surround <br />judicial proceedings. To insure basic fairness, the courts require that that aggrieved party <br />be given an opportunity to be heard, that the Board’s findings be supported by competent <br />and substantial evidence, and that a record of the proceedings be made to enable review <br />by a court. <br /> <br />The right to be represented by counsel, to confront witnesses on the other side, and to <br />cross-examine the other parties and their witnesses must also be granted the aggrieved <br />party. These procedures are necessary to insure that the opportunity to be heard is <br />effective. <br /> <br />The Board is expected to seek the most reliable evidence available under the <br />circumstances. For example, hearsay evidence is normally not admissible because it is <br />thought to be less reliable than directed testimony. All decisions by the Board acting as a <br />quasi-judicial body are subject to review by the courts. The order in which evidence is <br />presented during Board of Health hearings is not structured. Any convenient sequence is <br />acceptable. <br /> <br />The Chairperson or Vice Chairperson or their designee and at least one other board <br />member will act as a Hearing Officer to gather all evidence and receive testimony. After <br />evidence and testimony have been presented, the Secretary shall transmit the proceedings <br />of the hearing to the full Board membership. At its next regular scheduled meeting <br />following the hearing, the Board shall deliberate and reach a decision. The decision will <br />be in writing so that it can be included in the record for appeal. The Board must set out <br />its findings of fact and conclusions derived from the findings in a clear and logical <br />sequence. The decision should also include a notice to the losing party of his right to <br />appeal the decision to the courts. <br /> <br />Rule 19. Revision of By-laws <br />These by-laws may be revised by simple majority vote of members present at any regular <br />meeting of the Board at which a quorum is present. Distribution of a copy of the <br />proposed by-laws change(s) to the members and a discussion of the proposed change at <br />the preceding month regular meeting shall precede such vote. The by-laws shall be <br />reviewed every five years for possible changes. No provision of the by-laws may be in