Sec. 3. (a) The legislative body shall determine whether to hear an appeal filed under section 2 of this chapter not later than fifteen (15) days from the filing of the appeal and may issue a denial of an appeal at any time after the filing of the appeal. Any appeal granted consideration by the legislative body must be heard at a public meeting of the legislative body held not later than fifteen (15) days after the date that the legislative body determines to hear the appeal.

     (b) The legislative body shall develop procedures for the review, consideration, and hearing of an appeal filed under this chapter. The procedures must include the following:

Terms Used In Indiana Code 16-20-5.5-3

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • legislative body: means the following:

    Indiana Code 16-20-5.5-1

(1) Standards for evaluating an enforcement action appealed under this chapter.

(2) A procedure for consolidating appeals if there are at least two (2) appeals filed:

(A) from the same order; or

(B) involving a common question of law and fact.

(3) Written notice to the appellant and the local board of health or local health officer that issued the enforcement action of the appeal of that action, and the date, time, and location of any hearing concerning the appeal.

(4) Procedures for the sharing of information between parties and the legislative body concerning the circumstances resulting in the enforcement action.

(5) The order of the proceedings.

(6) The issuance of a ruling on the appeal following the public hearing by the legislative body not later than fifteen (15) days from the date of the hearing.

(7) The maintenance of records concerning a request for appeal and any documentation resulting from the investigation and hearing of the appeal.

     (c) The following apply unless the legislative body has, not later than fifteen (15) days after the filing of the appeal, placed the appeal on the agenda for a meeting of the legislative body:

(1) The appeal is considered denied.

(2) The legislative body shall inform the person that filed the appeal in writing that the appeal will not be heard and is considered denied.

(3) The considered denial of the appeal is a final disposition of the appeal.

As added by P.L.219-2021, SEC.10.

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