§ 33-56. Denial, suspension or revocation.

(a)

The public health department may deny, suspend or revoke a permit for any swimming or wading pool in any case in which it finds that there is a failure to comply with the requirements, standards, rules or regulations established under this chapter. Such denial, suspension or revocation order shall be mailed to the applicant or the permittee by registered or certified mail at the address shown on the application. In lieu of such mailing, the health director or the director's representative may personally serve such order. The order shall set forth the reasons for the action taken. Such service must be made within ten calendar days after the day the order is signed. Unless appealed, the order shall become final and effective 15 days from the date of its service.

(b)

Any applicant or permittee who is aggrieved by such order may, within 15 days from the date of service, request a hearing on the order. Such request shall be sent to the health director by registered or certified mail and shall specify why the denial, suspension or revocation is unjust, unreasonable or illegal. Upon receipt of such request, the health director shall fix a date for a hearing which shall not be less than ten days or more than 30 days from the date of receipt of the request.

(c)

Hearings will be conducted by a hearing officer. On the basis of the evidence produced at the hearing, the hearing officer shall make findings of fact and conclusions. The health director shall then make an order pursuant to the findings and conclusions and cause the order to be served on the applicant or permittee. The order of the director shall be final.

(d)

Any notice, order or instrument issued by or with the authority of the health director or the hearing officer may be made by mailing a copy by registered or certified mail directly to the person affected at such person's last known post office address as shown by the records of the public health department.

(e)

An appeal may be taken from any final order or final determination of the director to the district court of the county of residence of the applicant. Notice of appeal from any such final order or determination shall be served on the health director. Service of a notice of appeal shall not operate as a stay of the public health department's order.

(Code 1964, § 34A-13; Code 1988, § 33-56; Ord. No. 50781, § 13, 6-1-1972)