§ 10.56.110. Rules and regulations—Hearings procedure.  


Latest version.
  • A.

    No standard, rule or regulation shall be adopted by the board pursuant to Section 10.56.090, and no amendment, repeal or modification thereof, shall take effect except after a public hearing has been held regarding the matter in question. At the discretion of the board, the hearing may be conducted before the board or a hearing officer, as defined under the Uniform Administrative Procedures Act, Tennessee Code Annotated, Section 4-5-301, designated by the board for such purpose.

    B.

    Hearings shall be conducted in the following manner:

    1.

    A public notice of any and all public hearings pursuant to this chapter shall be given at least thirty days prior to the scheduled date of the hearing by public advertisement on three consecutive days in a newspaper or newspapers of general circulation within the metropolitan government area, giving the date, time, place and purpose of such hearing.

    2.

    At such hearings, opportunity to be heard with respect to the subject thereof shall be given to any interested person. Any interested persons, whether or not heard, may submit, in writing, a statement of their views on the proposed rules and regulations prior to or within seven days subsequent to such hearings.

    3.

    No rule or regulation of the board, or any amendment, repeal or modification thereof, shall be deemed adopted or in force and effect until it shall have been approved, in writing, by at least the majority of the members to which the board is entitled and the same shall have been approved by the director of law as to its legality and a certified copy thereof has been filed with the metropolitan clerk.

    4.

    Any person heard or represented at such hearing or requesting notice shall be given, without charge, written notice of the action of the board with respect to the subject thereof. A reasonable record shall be made and maintained of any such public hearing and the testimony at such hearing may or may not be under oath, at the discretion of the board. Copies of the proceedings at the public hearing shall be made available only upon the payment of the fee therefor, which fee shall be set by the board of health.

(Ord. 94-1161 § 5, 1994; prior code § 4-1-21)