Laserfiche WebLink
'..��" :,� ++� •. DEPUTY COUNTY COUNSEL <br /> U0 <br /> _ PATRICIA M FREOERR:K <br /> �� '` OFFICE OF TFHi r REBECCA DAVIS <br /> FRANK V.BRUNO.IR <br /> COUNTY COUNSEL DAVID WOOTEN <br /> I,IfO��. STEVEN R RASSOFF <br /> COUNTY OF SAN JOAQUIN EDWARn R BURROUCIM <br /> JOHN F. CHEADLE COURTHOUSE. ROOM 711 <br /> 222 EAST WEBER AVENUE LITIGATION DEPUTY; <br /> COUNTY COUNSEL STOCKTON. CALIFORNIA 95202-2777 GILBERTO CUTIERRE7. <br /> TERREN C R DERMODY TELEPHONE 458-2980 (AREA CODE 209) SANDRA rMCi�i•nFFONSO <br /> ASSISTANT COUNTY COUNSEL <br /> PATRICK H. CURRAN CHILD PROTEc7rvE <br /> CHIEF LITIGATION DEPUTY SERVICES COUNSEL• <br /> MICHAEL McGREW December 20 , 1990 IANINE MOLGAARD <br /> CFREf DEPUTY ROBERTA C.LAGOMARSINT <br /> M E M O R A N D U M <br /> TO: Bill Mitchell, Deputy Director <br /> Health Care Services/Public Health <br /> '5Af4-ICAQUIT4 COUrvr/ <br /> FR: Michael McGrew /I i IU�:ucn[n.I:rIISERVIr, <br /> Chief Deputy <br /> RE: Waiver of Environmental Health Fees <br /> In my previous correspondence, I stated that there was no <br /> authority for the waiver of environmental hlhh foci. I Inirn • <br /> tionally did not answer your liability questions because the <br /> answer rendered them moot. <br /> You asked if the individuals who previously paid past-due <br /> fees could come forward and request waivers and claim refunds . <br /> Assuming that there is no provision for fee waivers and fees were <br /> waived, individuals could sue in the courts on the theory of <br /> denial of equal protection of the laws in that they paid fees <br /> that were waived for others . You also asked if there is a <br /> waiver, what would the implication be for those who request <br /> waivers in the future . It is the same answer. If they were not <br /> permitted waivers on the same ground as the others , they could <br /> sue on the theory of denial of equal protection of the laws . <br /> You asked if the ordinances were amended to provide for fee <br /> waivers, could those waivers be granted retroactively . The rule <br /> of law is that there is not retroactive application unless the <br /> ordinance specifically states that there is to be retroactive <br /> application. <br /> Any ordinance providing for waiver would have to set forth <br /> specific grounds for waiver to be treated equally so that the <br /> waivers would not be subject to attack as a denial of the equal <br /> protection of the laws. <br /> C:WAIVER. 1 <br />