Approved Minutes of March 2, 2024 Board Retreat

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MINUTES-Draft ORANGE COUNTY BOARD OF HEALTH RETREAT March 2, 2024 • Ms. Hudson explained the timeline of the adjudication process, emphasizing that the deadlines are strict and tight. The process begins with a denial, which gives the appellant thirty days in which to appeal to the Health Director. There are often many background conversations attempting to resolve the issue and documentation of the process taking place behind the scenes during this time. Once the appellant appeals to the Health Director, the Health Director has five calendar days to schedule the hearing and share information about the appeal with the board. The hearing must be scheduled within fifteen days of receiving the appeal and allowing ten days of notice to the appellant. The BOH must issue a written decision at the next scheduled board meeting after the hearing. This written decision must include instructions for how to appeal the decision if desired. If the appellant is dissatisfied with the board's decision, they have the right to appeal to a district court judge within thirty days. Records of the hearing should be kept by the health department for approximately ninety days to allow adequate time for the appellant to make any further appeals, as these documents allow the district judge to evaluate the process and determine if the board's decision was fair. Failure to adhere to this timeline is a violation of NC statute and may result in penalties. • Ms. Pierce outlined some best practices for the hearing process, which includes the board being provided a case overview written by health department staff in advance of the hearing (including who the appellant is, what the initial decision was, and what resolution the appellant is seeking), presentation of the case by the appellant (at minimum, the appellant wants to feel that they have been heard), deliberation by the board (generally in open session for transparency), and a decision by majority vote, with the written decision due at the next scheduled BOH meeting. Ms. Pierce explained that it is best practice to make the decision on the day of the hearing, rather than take a continuance and schedule an additional meeting, and that the written decision should be based on findings of facts and conclusions of law based on the evidence presented. Ms. Pierce clarified that in the event of a continuance, the written decision will still be due at the next scheduled board of health meeting after the initial hearing. In response to Dr. Royce's question, Ms. Pierce explained that the chair and co-chair facilitate the hearing, but all board members can ask questions. • Commissioner Fowler asked whether the hearings are timed, to which Ms. Pierce replied that hearing lengths are not prescribed, but it is good practice to ask in advance how long the appellant expects the hearing to take and adhere to that. She added that, unlike in some courts, there are no objections for hearsay (e.g., "My soil scientist said...") but it is appropriate to ask an appellant to move to their next point if they become repetitive. Mr. Whitaker asked if it is appropriate to dismiss information that is not corroborated by a witness, and Ms. Pierce replied that the board can ask for supporting evidence (e.g., affidavits, written records) and then put little weight on claims that cannot be substantiated, but unsubstantiated claims do remain on the record and are considered evidence. She added that all witnesses are put under oath before testifying. • In response to Dr. Pickett's question about whether there is a script to guide appeals for the health department, as the Animal Services Board has a template for their appeals, Ms. Pierce explained that there is unfortunately not one, but she is happy to share best practices in the event of an appeal. S:\Managers Working Files\B0H\Agendas&Abstracts\2024 Agenda and Abstracts/130H Retreat Page 5