What does it mean for the local board of health to be the adjudicatory body for public health in the jurisdiction?

In some circumstances, a local board of health may act essentially as a court. When a person is aggrieved by the health department’s interpretation or enforcement of a local board of health rule, or the local imposition of administrative penalties, the person may appeal the department’s decision to the board of health.[1] The board then hears the case and issues a decision either upholding or overturning the department’s action. If the person is not satisfied with the board of health’s decision, he or she may appeal to district court.

The specific procedures a local board of health should follow for an adjudication are set out in G.S. 130A-24(b) through (d).  Among other things, the statute provides specific timeframes for actions and requires the board to issue its final decision in writing, stating the factual findings on which the decision is based.

When a person is aggrieved by the local health department’s enforcement of state rules, such as the food and lodging rules, the local board of health is not authorized to hear the appeal. Those cases go to the state Office of Administrative Hearings.[2]