§ 11.5.13. Hearing procedures.


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  • Hearings shall be held regarding non-compliance with this chapter in the following manner:
    (a) Health officer requirement. The health officer may require the owner, operator, or manager of a wholesale food facility to attend an administrative hearing to discuss violations of this chapter, disposition of embargoed or impounded items, the suspension or revocation of a health permit, or other significant issue related to food facilities.
    (b) Request of facility owner, operator, or manager. The owner, operator, or manager of a wholesale food facility may request an administrative hearing to discuss events related to the enforcement of the provisions of this chapter at his or her food facility. Such events include notices to comply, permit suspensions, and disposition of embargoed or impounded items. The owner, operator, or manager must submit a request for a hearing within 15 calendar days after the event. A failure to request a hearing within 15 calendar days of the event shall be deemed a waiver of the right to a hearing. The hearing shall be held within 15 days of the receipt of the request for a hearing. When circumstances warrant, the hearing officer may order a hearing at a reasonable time within this 15-day period to expedite the permit suspension or revocation process.
    (c) Administrative enforcement. To the extent that the city utilizes its administrative enforcement procedures as set forth in Chapter 1 of this Code, then the procedures set forth in Chapter 1 shall be utilized in place of the procedures set forth in this section.
    (Ord. No. 1080, § 4, Exh. A; Ord. No. 1189, § 8, Exh. B.)