310 CMR, § 11.08 - Hearing
(1)
Procedure for Requesting and
Holding Hearing. Unless otherwise specified in
310 CMR 11.00, the person or
persons to whom any order has been served pursuant to any regulation of 310 CMR
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.
(2)
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modified or withdrawn.
(3)
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.
(4)
Public Record.
Every notice, order, or other record prepared 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.
(5)
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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