Request for an Informal Review by Permit Holder or Applicant:
If a permit holder or applicant disagrees with a decision of the local health department on the interpretation, application, or enforcement of the rules, the permit holder may:
- Request an informal review; or
- Initiate a contested case in accordance with G.S. 150B.
The permit holder or applicant is not required to complete the alternative dispute resolution prior to initiating a contested case in accordance with G.S. 150B.
When a petition for a contested case is filed, the informal review process shall terminate.
If the permit holder requests an informal review, the request shall be in writing and shall be postmarked or hand delivered to the local health department within 7 days of notice of the decision giving rise to the review. The request shall state the issues in dispute. If the decision giving rise to the informal review was conducted by the Environmental Health Supervisor, the Environmental Health Regional Specialist assigned to that county or area shall conduct the local informal review. As soon as possible, but at least within 30 days of receipt of the request, the person conducting the review shall contact the permit holder or applicant, provide that permit holder or applicant an opportunity to be heard on the issues in dispute and issue a written decision addressing the issues raised in the appeal. Copies of the decision shall be mailed to the permit holder or applicant and to the State Health Director. That decision shall be binding for the purposes of future inspections of the establishment or site, unless modified through the formal appeal process or by the State Health Director.
The permit holder or applicant may appeal the resulting decision in writing within 7 days of receipt of the Environmental Health Division’s decision. The appeal must include a copy of the decision and must be postmarked or hand delivered to Buncombe County Health and Human Services Environmental Health Division and the North Carolina Department of Health & Human Services within 7 days.
Within 35 days of receipt of the 2nd appeal, the State Review Officer will hold a conference. Notice of the time and place will be provided to the permit holder and the Environmental Health Director. Within 10 days of that conference, the Review Officer will issue a written decision.
Environmental Health Formal Appeals:
To pursue a formal appeal, you must file a petition for a contested case hearing with the Office of Administrative Hearings within 30 days of the date of the action you are appealing. The petition for a contested case hearing must be filed in accordance with the provision of North Carolina General Statutes 130A-24 and 150B-23 and all other applicable provisions of Chapter 150B.
If you file a petition for a contested case hearing with the Office of Administrative Hearings, you are required to serve a copy of your petition to the Office of General Counsel, NC Department of Health and Human Services.
To get a copy of a petition form, you may write the Office of Administrative Hearings or call the office at (919) 733-0926 or visit the OAH web site at www.oah.state.nc.us/form.htm
Office of Administrative Hearings
6714 Mail Center
Raleigh, N.C. 27699-6714
Office of General Counsel
NC Department of Health & Human Services
2001 Mail Service Center
Raleigh, NC 27699-2001