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ORANGE COUNTY HEALTH DEPARTMENT <br />Board of Health Policy and Procedures Manual <br />Section III: Board Processes <br />Process A: Operating Procedures <br />Reviewed by: Health Director <br />Approved by: Health Director, Board of Health <br />Review Annually (July) Page 5 of 6 <br />Original Effective Date: February 8, 1979 <br />Revision Dates: 12/18/1980, 4/16/1981; 4/26/1984; 11/16/2000; 2/23/2007; 10/24/2007; 4/23/2009, 7/24/12, <br />11/5/13, 11/14, 8/15 <br /> <br />S:\MANAGERS WORKING FILES\BOH\Policies and Procedures\BOH Policy Manual\Current Policy Manual\III A Operating <br />Procedures_FINAL Oct 2015.doc <br />1. Not less than 10 days before the adoption, amendment or repeal of any <br />local board of health rule, the proposed rule shall be made available at <br />the office of the county clerk, and a notice shall be published in a <br />newspaper having general circulation within Orange County. The notice <br />shall contain: <br />a. A statement of the substance of the proposed rule or a <br />description of the subjects and issues involved. <br />b. The proposed effective date of the rule, and <br />c. A statement that copies of the proposed rule are available at <br />the local health department. <br />A local board of health rule shall become effective upon adoption <br />unless a later effective date is specified in the rule. <br />2. Copies of all rules shall be filed with the secretary of the local board of <br />health and will be made available to all Board of Health members. <br />3. A local board of health may, in its rules, adopt by reference any code, <br />standard, rule or regulation, which has been adopted by any agency of <br />this State, another state, any agency of the United States or by a <br />generally recognized association. Copies of any material adopted by <br />reference shall be filed with the rules. <br /> <br />XI. Adjudication Procedures <br />A. The Board will follow all procedures as specified in NCGS 130A-24. In the <br />case where a member of the public is appealing a decision on the application <br />of an Orange County Board of Health adopted rule or concerning the <br />imposition of administrative penalties by a local health director, the process <br />will include the following steps: <br />1. The aggrieved party shall provide written notice of appeal to the Health <br />Director within 30 days of the challenged action. The notice shall <br />contain the name and address of the aggrieved person, a description of <br />the challenged action and a statement of the reasons why the challenged <br />action is incorrect. <br />2. The Health Director shall notify the Board within five working days of <br />receipt of the appeal and transmit all documents upon which the <br />challenged action was taken. <br />3. The Board of Health shall hold a hearing within 15 days of the receipt of <br />the notice of appeal from the health director to the Board. The Board <br />will give the person not less than 10 days notice of the date, time and <br />place of the hearing. The local board of health shall issue a written <br />decision based on the evidence presented at the hearing. The decision <br />shall contain a concise statement of the reasons for the decision.The <br />hearing must meet the requirements of procedural due process.