Fremont Municipal Code Art. VII Hearings and Appeals

(a) Whenever an administrative hearing is requested or required pursuant to the provisions of this chapter, the health officer shall give notice of the time and place of the hearing which shall not be later than on the tenth day after the date such notice is given; provided, that the health officer and the permit holder may agree to a later time for such hearing. No fee shall be charged for any such hearing.

(b) The administrative hearing shall be conducted on behalf of the health officer by a hearing officer who shall be some person other than the person who has issued the notice of violation or notice of suspension or notice of revocation, or other notice or order, issued pursuant to this chapter, or who has otherwise been directly involved in any prior investigation, inspection or other action or proceedings which is or was recently directly connected with the dispute and issues of the hearing.

(c) The hearing officer shall take evidence on the issues raised in the hearing. The hearing may, after being commenced within the time specified pursuant to subsection (a) of this section, be continued for good cause by the hearing officer from time to time. The hearing officer shall, at the conclusion of the hearing, make findings of facts based upon the evidence submitted, and affirm, modify or reverse the findings or notice or order which is the subject of the hearing. Notice of the hearing officer’s decision shall be given to the permit holder within three days of the conclusion of the hearing. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4700.)

Any person aggrieved or affected by any order or decision by the health officer may, after exhausting all administrative remedies provided for in this article, appeal the final decision of the health officer pursuant to the provisions of Chapter 1.25. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4701.)

The health officer or the city council may, in his/her or its sole discretion, grant a stay of the correction of any violation set forth in any inspection report or notice of violation, or of the suspension or revocation of a food establishment permit, or of any other notice or order issued pursuant to this chapter, for any specified period of time or until the completion of the administrative hearing and appeal proceedings provided herein; provided, that no request for a stay shall be heard by the city council until there has been a final decision by the health officer denying such request; provided further, that the provisions herein shall not be construed to preclude recourse to judicial relief when in any case the administrative hearing and appeal procedures or action taken thereunder would deny due process of law to any person. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4702.)