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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 6 of 7 <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\AGENDAS & ABSTRACTS \2018 Agenda & Abstracts\September 2018\VI. A. BOH 2018 <br />Review of Operating Procedures.docx <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. <br />a. No contact outside the hearing with parties involved or <br />between board members. <br />b. Board members with any bias must not participate. <br />c. Board must allow the appellant’s attorney to attend and <br />advise his/her client. <br />d. Board must take sworn and relevant testimony. <br />e. Board must provide for cross-examination of witnesses. <br />f. Board must keep detailed or verbatim minutes. <br />4. The proceedings shall be recorded and a transcript of the hearing shall <br />be prepared and be available to the appellant and/or the Board upon <br />request. <br />5. At the next regularly scheduled Board meeting following the hearing, <br />the Board must issue a written decision based on the evidence presented <br />at the hearing. The decision shall contain a concise statement of the