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10/12/21, 12:15 PM Indian River County, FL Code of Ordinances <br />mileage expenses, and/or per diemexpenses as may be authorized by the Board. The chairman may call <br />hearings by the Hearing Board and hearings may be called by written notice signed by at least three <br />members of the Hearing Board and the Hearing Board at any hearing may fix and call hearing on a <br />future date. Minutes shall be kept of all hearings by the Hearing BoarcAll hearings shall be public. The <br />Board of County Commissioners shall provide adequatmnd competent clerical and administrative <br />personnel as may be reasonably requiredby the Hearing Board for the proper performance of its duties. <br />Section 10. Hearing Board; Duties and Powers. The Tearing Board shall have the followinguties, functions, powers, <br />and responsibilities: <br />(1) To hear appeals by persons aggrieved by actions or decisions of the Environmentffiontrol Officer not <br />already referred to the state attorney for criminal prosecution) onsider the facts material to such <br />appeals, and render a decision promptly. SucMecision must affirm, reverse, or modify the action or <br />decision appealed from, providedthat such decision shall not be in conflict with the provisions of this act <br />(2) To conduct due process hearings into the merits of alleged violations of this act. <br />(3) To issue, after due process hearing, injunctive orders, including orders providinfpr affirmative relief, <br />against persons found to be in violatior: of this act. <br />(4) After due public hearing upholding a violation, to reach a decision setting forthuch findings of fact and <br />conclusions of law as are requi-ed in view of the issue resented. The decision shall contain an order <br />which may be framed in the manner ofa writ of injunction requiring the violator to conform with either <br />or both of thefollowing, requirements: <br />(a) To refrain from committing, creating, maintaining, or permitting the violation. <br />(b) To take such affirmative action as the Hearing Board deems necessary and reasonablender the <br />circumstances to correct such violation. <br />(5) To issue orders imposing civil penalties of up to $500 for each day of violation again!tersons found to <br />have violated this act. <br />(6) To issue subpoenas to command the appearance of any person before a hearing at a specifiedme and <br />place to be examined as a witness. Sucn subpoenas may require such persoto produce all books, <br />papers, and documents in his possession or under his controhaterial to such hearings. <br />(7) To administer oaths to any or all persons who are to testify before the Hearing Board. <br />(8) To adopt rules for the conduct of its hearings not inconsistent with the provisionsf this act. <br />Section 11. Appeals from Actions or Decis ons of Environmental Control Officer; ProcedurAny persons aggrieved by <br />an action or decision of the Environmental Control Officenot already referred to the state attorney for criminal <br />prosecution may appeal tothe Hearing Board by filing, within 10 days after the date of the action or decision <br />complained of a written notice of appeal which shall set forth concisely the actioor decision appealed from and the <br />reasons or grounds for the appeal. The Hearing Boarcthall set such appeal for hearing at the earliest possible date, <br />and cause noticethereof to be served upon the appellant and the Environmental Control Office. <br />Section 12. Criminal Enforcement; Procedure. <br />(1) Whenever the Environmental Control Officer has received or obtained evidence tha#specific violation of <br />this act which constitutes a crime has been committed, th(Environmental Control Officer may notify the <br />state attorney of Indian River Countyof such violation. Such notice shall contain a description of the <br />violation, the dateof the violat'on, the location of the violation, and the name and address of 14 violator. <br />5/7 <br />