105 CMR, § 675.020 - Hearings

(A) The person or persons to whom any correction order, emergency closure order or notice of intent to suspend or revoke a certificate of approval has been issued pursuant to 105 CMR 675.018 or 675.019 has been directed, may request a hearing before the board of health. Such request shall be in writing and shall be filed in the office of the board of health within ten days after receipt of the order or notice, unless a shorter or longer period is specified in 105 CMR 675.000. Upon receipt of such request, the board of health shall set a time and a place for such hearing and shall inform the petitioner thereof in writing. Except in the case of an emergency suspension under 105 CMR 675.018(A), the hearing shall be commenced not later than ten days after the day on which the request was filed. However, upon application of the petitioner, the board of health may postpone the date of the hearing for a reasonable time beyond such ten-day period if in the judgment of the board of health the petitioner has submitted a good and sufficient reason for such postponement.

(B) At the hearing the petitioner shall be given an opportunity to be heard and to show why the order should be modified or withdrawn or why the suspension or revocation is not justified.

(C) After the hearing, the board of health shall issue a written decision which contains a summary of the testimony and evidence considered and the reasons for the decision.

Notes

105 CMR, § 675.020