105 CMR, § 400.500 - Hearings
(A)
Procedure for Requesting and
Holding Hearing. Unless otherwise specified in the State Sanitary
Code, the person or persons to whom any order has been served pursuant to any
regulation of the State Sanitary Code may request a hearing before the board of
health by filing with the board of health within seven days after the day the
order was served, a written petition requesting a hearing on the matter. Upon
receipt of such petition, the board of health shall set a time and place for
such hearing and shall inform the petitioner thereof in writing. The hearing
shall be commenced not later than 30 days after the day on which the order was
served. The board of health, upon application of the petitioner, may postpone
the date of hearing for a reasonable time beyond such 30-day period if in the
judgment of the board of health the petitioner has submitted a good and
sufficient reason for such postponement.
(B)
Hearing of
Petitioner. At the hearing the petitioner shall be given an
opportunity to be heard and to show why the order should be modified or
withdrawn.
(C)
Procedure by the Board After Hearing. After the
hearing the board of health shall sustain, modify, or withdraw the order and
shall inform the petitioner in writing of its decision. If the board of health
sustains or modifies the order, it shall be carried out within the time period
allotted in the original order or in the modification.
(D)
Public Record.
Every notice, order, or other record prepare d by the board of health in
connection with the hearing shall be entered as a matter of public record in
the office of the clerk of the city or town, or in the office of the board of
health.
(E)
Hearing
Petition not Submitted, or Sustaining of Order. If a written
petition for a hearing is not filed with the board of health within seven days
after the day an order has been served or if after a hearing the order has been
sustained in any part, each day's failure to comply with the order as issued or
modified shall constitute an additional offense.
Notes
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