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ORANGE COUNTY HEALTH DEPARTMENT <br /> Board of Health Policy and Procedures Manual <br /> Section III: Board Adopted Policies <br /> Policy III.A.: Operating Procedures <br /> Reviewed by: Health Director <br /> Approved by: Health Director,Board of Health <br /> XV. Rules Development Procedure <br /> The board shall evaluate the need for adoption of rules to protect and promote the <br /> public health. In addition, existing rules should be evaluated periodically for the need <br /> for revisions to respond to new risks, advances in technology, or changes in statutes <br /> or state regulations. <br /> A. The Board will follow the procedures outlined in NCGS 130A-39 (Appendix B). <br /> i. 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 <br /> notice 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 <br /> available at 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 /> ii. 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 /> iii. 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 /> XVI. Adjudication Procedures <br /> A. The Board will follow all procedures as specified in NCGS 130A-24 (Appendix <br /> E). In the case where a member of the public is appealing a decision on the <br /> application of an Orange County Board of Health adopted rule or concerning the <br /> imposition of administrative penalties by a local health director, the process will <br /> include the following steps: <br /> i. The aggrieved party shall provide written notice of appeal to the <br /> Health Director within 30 days of the challenged action. The notice <br /> shall contain the name and address of the aggrieved person, a <br /> description of the challenged action and a statement of the reasons <br /> why the challenged action is incorrect. <br /> ii. 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 /> Review Annually(July) Page 12 of 15 <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, 11/14,8/15,9/18, 10/19 <br /> S:\MANAGERS WORKING FILES\BOH\AGENDAS&ABSTRACTS\2020 Agenda&Abstracts\August 2020\Pdfs for webpage\V.A. <br /> Policy Review Attachments\III.Operating Procedures August 2020.doc <br />