3709.20 ORDERS AND REGULATIONS OF BOARD OF CITY HEALTH
DISTRICT; USE OF REFEREE
(A) The board of health of a city health district may make such
orders and regulations as are necessary for its own government, for the
public health, the prevention or restriction of disease, and the
prevention, abatement, or suppression of nuisances. Orders and
regulations not for the government of the board, but intended for the
general public, shall be adopted, advertised, recorded, and certified as
are ordinances of municipal corporations and the record thereof shall be
given in all courts the same effect as is given such ordinances. In
cases of emergency caused by epidemics of contagious or infectious
diseases, or conditions or events endangering the public health, the
board may declare such orders and regulations to be emergency measures,
and such orders and regulations shall become effective immediately
without such advertising, recording, and certifying.
(B) In any hearing conducted by the board of health of a city health
district, general health district, or combined health district, the
board may appoint a referee or examiner to conduct the hearing. In a
hearing conducted by a board of health of a city health district, a
combined health district, or a general health district at least one
member of the board shall be present.
The referee or examiner appointed to conduct the hearing shall have
the same powers and authority in conducting the hearing as is granted to
the board. The referee or examiner shall have been admitted to the
practice of law in the state and be possessed of such additional
qualifications as the board may require. The referee or examiner shall
submit to the board a written report setting forth his findings of fact
and conclusions of law and a recommendation of the action to be taken by
the board. A copy of such written report and recommendation of the
referee or examiner shall, within five days of the date of filing
thereof, be served upon the party or his attorney or other
representative of record, by certified mail. The party may, within ten
days of receipt of the copy of the written report or recommendation,
file with the board written objections to the report and recommendation,
which objections shall be considered by the board before approving,
modifying, or disapproving the recommendation. The board may grant
extensions of time to the party within which to file such objections.
No recommendation of the referee or examiner shall be approved,
modified, or disapproved by the board until ten days after the service
of the report and recommendation as provided in this section. The board
may order additional testimony to be taken or permit the introduction of
further documentary evidence. No recommendation shall be final until
approved by a quorum of the entire board as indicated by an order on its
record of proceedings
