Hearing and Appeals

Hearing and Appeals. 1. Any person aggrieved by the Department’s determination of feasibility disapproval or requirements for an on-site wastewater disposal system as provided by the department may request a review of the determination. The request for review must be submitted in writing to the Director of the Office of Environmental Health. The request for review shall identify the matter contested and state the name of the development, developer’s name, mailing address and home and daytime phone numbers. Within 10 business days of the receipt of the request for review, the Department shall issue in writing a ruling and determination to the person and if any corrections are necessary to any correspondence or form previously issued by the department, then new correspondence or forms shall be submitted to the person. 2. Any person aggrieved by the ruling issued by the Director of the Office of Environmental Health may apply for a hearing. Any hearing shall be conducted by a hearing officer designated by the Department. At the hearing, the hearing officer and any person affected by the proposal being reviewed may conduct reasonable questioning of persons who make relevant factual allegations concerning the proposal. The Hearing Officer shall require that all persons be sworn before they may offer any testimony at the hearing, and the hearing officer is authorized to administer oaths. Any person so choosing may be represented by counsel at the hearing. A record of the hearing shall be made, which shall consist of a transcript of all testimony received, all documents and other material introduced by any interested person, the staff report and recommendation, and any other material as the hearing officer considers relevant, including his/her own recommendation. He/she shall make a recommendation within a reasonable period of time after the hearing is closed and after he/she has had an opportunity to review, study and analyze the evidence presented during the hearing. The completed record shall be certified to the State Health Officer, who shall consider only the record in making his/her decision, and shall not consider any evidence or material which is not included. All final decisions regarding the disapproval or requirements for an on-site wastewater disposal system shall be made by the State Health Officer. The State Health Officer shall make his/her written findings and issue his/her order after reviewing the record. The findings and decision of the State Health Officer shall not be deferred to any later date, and any deferral shall result in an automatic order of disapproval.