This article provides for appeals to and hearings before the Director
of the Allegheny County Health Department, sets forth definitions, and outlines
procedures governing hearings and appeals.
The following words and phrases when used in this article shall have,
unless the context clearly indicates otherwise, the meanings given to them
in this section:
ACTION
Any order, notice, decision, determination or ruling by the Department
affecting personal or property rights, privileges, immunities, duties, liabilities
or obligations of any person.
ARTICLE
This article (Article XI) of the Rules and Regulations of the Allegheny
County Health Department governing hearings and appeals.
DEPARTMENT
The Allegheny County Health Department.
DIRECTOR
The Director of the Allegheny County Health Department or his/her
duly authorized representative.
PARTY
Includes:
A.
Any person perfecting an application for hearing or appeal under the
provisions of this article;
B.
Any person permitted by the Director to intervene in a hearing or appeal
conducted pursuant to the provisions of this article;
C.
The Allegheny County Health Department; and
D.
Any person against whom action may be taken after hearing or opportunity
for hearing.
PERSON
Any individual, firm, corporation, partnership, association, political
subdivision, municipal authority, or other entity.
Any person aggrieved by an action of the Department and who has a direct
interest in such action may file a notice of appeal.
The Director shall, within a reasonable period of time after service of all materials submitted by the parties, after close of any hearing or rehearing, or after any inspection or test is conducted under §
805-8, render a written decision on the matter in controversy. The Director shall make findings, give reasons for the decision and the decision shall be served personally or by mail upon all parties.
Where only legal questions or physical or technical facts are at issue
in an appeal, and the Director determines that a formal hearing will not contribute
to a resolution of the matters in issue, he or she must, within 20 days from
receipt of the notice of appeal, conduct or order the conduct of an inspection,
examination, or test, or request the filing of written briefs. The Director
must otherwise comply with every other provision of this article.
The Director may, at the request of any party, grant the right to a rehearing. All applications for rehearing shall be filed in the office of the Director and served upon all parties within 15 days after the date of the decision of the Director. The application shall include a short and concise statement setting forth the grounds for the request. The Director shall, within a reasonable period of time after request for rehearing, deny the rehearing or give notice of the time and place of the rehearing, and conduct that hearing in accordance with §
805-5 of this article.
Any party who is aggrieved by any decision of the Director rendered pursuant to §
805-6 of this article may appeal therefrom to the Court of Common Pleas of Allegheny County as provided by law.
The filing of a notice of appeal shall not stay any action by the Department
or hold in abeyance any order of the Director unless a stay of proceedings
is granted by the Director.
A. A petition for stay of proceedings may be filed at any
time during the pendency of an appeal in the office of the Director, and shall
set forth with particularity the reasons for which it is requested. Copies
of any such petition shall be served on all parties.
B. The Director may, upon petition, or on his or her own
motion, grant a stay of proceedings, except that a stay may not be granted
where it may result in serious and immediate danger to the public health and
welfare.
C. The grant of a stay shall suspend the effect of the appealed
action of the Department, but shall not stay any action of the Department
which is not subject to the appeal, nor shall it stay the enforcement of any
Department rule or regulation.
Where notice is given by United States mail, the time of service of
such notice shall be the date of posting.