1. 
Except as provided elsewhere in this Title, a party aggrieved by a determination made by the Health Officer pursuant to this Title may appeal the decision to the Kittitas County Hearings Examiner.
2. 
Notice of Appeal.
a. 
Within 10 working days of the final administrative decision, the aggrieved party may submit a written Notice of Appeal to KCPHD, along with the required appeal fee, to appeal the administrative decision.
b. 
The notice of appeal shall contain a written, concise statement identifying:
i. 
The decision being appealed;
ii. 
The name and address of the appellant and his interest(s) in the matter;
iii. 
The specific reasons why the appellant believes the decision to be wrong;
iv. 
The desired outcome or changes to the decision; and
v. 
The appeals fee.
3. 
Notice of hearing.
a. 
Not later than the 15 calendar days after the receipt of one or more timely Notices of Appeal, KCPHD shall issue and serve a Notice of Hearing to the appellants. Requests from multiple parties concerning the same administrative decision may be consolidated.
b. 
The Notice of Hearing shall be served by the same means as a Health Order as detailed in Section 13.75.020 KCC.
c. 
The Notice of Hearing shall contain the date, time, and location of the hearing.
4. 
Hearing.
a. 
The appeal hearing shall be conducted on the record and the Hearings Examiner shall have such rulemaking and other powers necessary for conduct of the hearing.
b. 
Unless otherwise provided herein, the provisions of Chapters 1.10 and 2.11 KCC shall govern the hearing process.
c. 
In all cases involving an application for license, permit, Group B water system or Adequate Water Determination, the burden shall be on the applicant to establish that the application meets all applicable criteria. In all other cases the burden is on KCPHD to prove the alleged factual basis set forth in the initiating document. The burden in all cases is a preponderance of the evidence.
d. 
The observation of a violation on different dates shall be prima facia evidence that the violation continued to exist on intervening dates.
5. 
Order of the hearing examiner.
a. 
Unless mutually agreed to by the appellant and the Hearing Examiner, the order of the Hearing Examiner shall be served upon the person to whom it is directed, either personally or by mailing a copy of the order to such person at his/her last known address as determined by KCPHD.
b. 
The appellant may file a request for reconsideration of the Hearing Examiner's decision within seven working days of the date of the Hearing Examiner's written decision, based on anyone of the following grounds materially affecting the substantial rights of said party or person:
i. 
Errors of procedure or misinterpretation of fact, material to the party seeking the request for reconsideration.
ii. 
Irregularity in the proceedings before the Hearing Examiner by which such party was prevented from having a fair hearing.
iii. 
Clerical mistakes in the official file or record transmitted to the Examiner, including errors arising from inadvertence, oversight, or omission, which may have materially affected the Examiner's decision on the matter.
c. 
Upon receipt of a request for reconsideration, the Hearing Examiner shall review said request in light of the record and take such further action as is deemed proper; including, but not limited to, denying the request, granting the request, with or without oral argument, and may render a revised decision. The decision of the Hearing Examiner shall be subject to reconsideration only one time, even if the Hearing Examiner reverses or modifies the original decision.
d. 
If no written request for reconsideration has been received by the authorized official within seven working days of service of the order of the Hearing Examiner, the order shall be considered final unless appealed to Kittitas Superior Court.
(Ord. 2011-006, 2011)