Any person to whom a decision has been served pursuant to any
Board of Health regulation may request a hearing before the Board
of Health by filing, within seven days after the day the decision
was rendered, 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 decision was rendered. The Board of Health,
upon application of the petitioner, may postpone the date of hearing
for a reasonable time beyond such thirty-day period if, in the judgment
of the Board of Health, the petitioner has submitted a good and sufficient
reason for such postponement.
At the hearing, the petitioner shall be given an opportunity
to be heard and to show cause why the decision should be modified
and withdrawn.
After the hearing, the Board of Health shall sustain, modify,
or withdraw the decision and shall inform the petitioner in writing
of its decision.
Whoever, himself, or by his servant or agent, or as the servant
or agent of any other person or any firm or corporation, violates
any provision of these regulations shall be punished as provided by
the General Laws of the Commonwealth of Massachusetts. Each and every
violation of the provisions of these regulations shall constitute
a separate offense.
All rules and regulations and any part thereof in conflict with
these regulations are hereby repealed and these regulations shall
be in full force and effect immediately.
Should any paragraph, sentence, clause or phrase of these regulations
be declared unconstitutional, or invalid for any reason by any court
of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision, and such holding shall not affect
the validity of the remaining portions thereof.
