§ 15-8. License Suspension or Revocation.

A.

The Health Officer may suspend or revoke a license for failure by the licensee to comply with, and maintain compliance with, or for violation of, any applicable provision, standard, or requirement of state law or regulation or this Chapter, or of any regulations promulgated hereunder. Suspension of a license is not a condition precedent to revocation of a license.

B.

Before issuing a suspension or revocation, the Health Officer shall give written notice to the licensee. Said notice shall:

1.

Specify the reason(s) for which the proposed action is to be taken;

2.

Set a hearing for not more than fifteen (15) days nor less than seven (7) days after the date of the notice;

3.

Specify the date, time, and place of the hearing; and

4.

Be served on the licensee either by delivery to its principal place of business or to its designated agent for service of such notices, if any.

C.

If the licensee, subsequent to service of a suspension or revocation notice under this Section, remedies some or all of the conditions to which the notice refers, the Health Officer may rescind the suspension or revocation at any time.

D.

At the hearing, the Health Officer has the burden of proof and may present evidence as to why such action should be taken and to answer the evidence presented by the licensee.

E.

The Health Officer may reduce the period of time for hearing under a suspension or revocation notice to no less than twenty-four (24) hours when the Health Officer makes written preliminary findings that such action is necessary to protect the public health, safety, and welfare. When, as a result of such an emergency proceedings, a license is suspended or revoked, the licensee may request an additional hearing at which the licensee will have the burden of establishing renewed compliance justifying reinstatement of the license. Such additional hearing will be commenced within five (5) days of the licensee's request. The request for, and the scheduling of, an additional hearing shall not stay operation of the suspension or revocation order.

F.

Hearings conducted pursuant to this section shall be conducted before a hearing officer designated by the Department. At the conclusion of said hearing, the hearing officer shall expeditiously prepare a written summary of the evidence and proposed findings and conclusions for consideration by the Health Care Agency Director.

G.

The Health Care Agency Director shall issue a written decision within thirty (30) days after receiving the Hearing Officer's findings and conclusions.

(Ord. #2004-505, § 1)