Board adopts ordinance creating contested‑case procedures for public and environmental health matters

The Deschutes County Board unanimously approved Ordinance 2026‑008 on March 18, adding Chapter 2.35 to Title 2 of the county code to establish contested‑case procedures for matters such as restaurant and pool licensing handled by environmental and public health staff.

County counsel Dave Doyle said staff had relied for decades on a borrowed section of contracting code that was not a good fit, and with recent staff turnover it was timely to create a clear, standalone contested‑case process. "This creates a contested case hearing process for public and environmental health matters," Doyle said during the hearing.

After a brief public‑hearing period with no speakers, a commissioner moved emergency adoption to make the ordinance effective immediately; commissioners discussed the nature of emergency adoption and the statute of challenge (60 days for general law matters). The motion for emergency adoption and subsequent votes passed; the board then read the ordinance title for first and second reading as part of the emergency adoption procedure.

The ordinance standardizes internal appeal procedures for violations and noncompliance in areas where state public health programs are administered locally, and staff said it will replace the ad hoc approach used for about 25 years. The action was presented as administrative housekeeping that provides clearer process for escalating unresolved violations.

Next steps: the ordinance takes effect immediately under the emergency adoption clause and staff will post updates to the county code and administrative procedures. Potential legal challenges remain possible within statutory challenge periods.