§ 2.36.140. Review of decisions of the chief medical director.

A.

Pursuant to Item 4 of Section 10.104 of the Metropolitan Charter, the board of health shall hear and act upon complaints of persons affected by decisions of the chief medical director, and amend or set aside such decisions as are contrary to policies or regulations of the board. The concurring vote of three members of the board of health shall be necessary to amend or set aside any order, requirement, decision or determination of the chief medical director. Except in specific instances where a shorter period is specified, an appeal to the board of health shall be taken within thirty days after the date of the complained of action of the chief medical director. Such an appeal may be perfected by the filing of an informal written request for a hearing before the board. The aggrieved party shall be granted a public hearing before the board of health, and he may appear in his own behalf or be represented by counsel or agent. The aggrieved party's side of the matter shall first be heard, and subsequently, the chief medical director or other personnel of the department of health shall present their side, and both sides shall be permitted to introduce any relevant and competent evidence bearing on the issue.

B.

Seven days' notice of the hearing before the board of health shall be sent by mail to the aggrieved party, unless in specific instances herein a shorter period is specified. Such notice shall be sent by registered mail to the address given by the aggrieved party in his request for a hearing.

C.

The final disposition of any such complaint shall be in the form of a resolution, which shall affirm, amend or set aside the decision of the chief medical director. No request to grant a rehearing of such decision of the board of health shall be entertained unless new evidence is submitted which could not reasonably be presented at the previous hearing. If justifiable grounds for a rehearing exist, they shall be made known by a communication to the board of health presented to the board in written form, and if a motion to grant a rehearing shall receive three affirmative votes on the board, then the petitioner shall be notified to appear before the board on a date set by the board, of which he shall be notified.

(Prior code § 20-1-9)