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(9) Revocation of Permit. A pain management clinic permit shall be subject <br />to revocation in proceedings before the Indian River County Code Enforcement <br />Board or any court of competent jurisdiction, in the event that: <br />a. The information or statements submitted to obtain issuance or renewal of <br />the permit contained materially false information; <br />b. The permit holder, or any Pain Clinic Responsible Party, has engaged in <br />activity prohibited by section 315.03; <br />c. The permit holder, or any Pain Clinic Responsible Party, has been found <br />by any county or municipal board, commission or council, or by any state <br />or federal court, or by any state or federal regulatory body, to have acted <br />with respect to controlled substances in violation of applicable law; or <br />d. The permit holder, although required to be registered, is no longer <br />registered with the Florida Department of Health, pursuant to sections <br />458.3265 or 459.0137, Florida Statutes, or no longer holds a current <br />business tax receipt for a pain management clinic, or the controlled <br />substance registration issued by the United States Department of Justice, <br />Drug Enforcement Administration to any person prescribing, administering <br />or dispensing controlled substances at the pain management clinic has <br />been suspended, revoked or denied renewal. <br />(10) Emergency Suspension of Permit. Upon clear and convincing proof that <br />one or more of the events set forth in subsection (9) have occurred, and <br />upon a finding that continued operation of the pain management clinic <br />presents an immediate danger to the health, safety and welfare of the <br />residents of Indian River County, the Department shall be authorized <br />immediately to suspend the pain management clinic's permit. In such <br />event, the permit holder shall have the right of appeal as set forth in <br />section 100.06 of this Code. The suspension shall be considered a <br />decision of a department head for the purpose of applying section 100.06. <br />All aspects of the appeal shall be expedited. An appeal fee shall be paid <br />by the applicant at the time of filing an appeal to the Board. The amount of <br />the fee shall be set by resolution of the Board. The amount shall be <br />sufficient to recover the County's approximate cost of reviewing and acting <br />upon the appeal. Any emergency suspension pursuant to this subsection <br />shall continue for a period not to exceed six (6) months; provided, <br />however, that if revocation of the permit is sought, the Code Enforcement <br />Board or court of competent jurisdiction in which the revocation request is <br />C: IDacumenrs and Setrings lcichewicrILacnl SetringslTemparary (Werner FikesIOLK3Pain Clinic Revised Ordinance (July 20/ O.door <br />9 <br />