A.
Whenever the Board or the Health Officer determines
that there are reasonable grounds to believe that a licensee, permittee
or certificate holder is operating in violation of the provisions
of this code so as to warrant a suspension or revocation of such license,
permit or certificate, the Board or the Health Officer shall give
notice of such alleged violation to the person or persons responsible
therefor as hereinafter provided.
B.
Such notice shall:
(1)
Be in writing.
(2)
Include a statement of the reasons why it is being
issued.
(3)
State that unless, within 10 days from service of
the notice, a written request is made for a hearing before the Board,
said notice shall at the expiration of such ten-day period be deemed
an order of suspension of such license, permit or certificate and,
in addition, shall be deemed an order to cease and desist from and
abate the described violation.
(4)
Prescribe a reasonable time within which such person
shall be required to cease and desist from and abate such violation.
The notice may also contain an outline of remedial action which, if
taken, will effect compliance with the provisions of this code.
C.
The notice shall be served upon the licensee, permittee
or certificate holder, provided that such notice shall be deemed to
be properly served if a copy thereof is served upon such person personally
or sent by certified or registered mail to his last known address
or posted in a conspicuous place in or about the premises affected
by the notice.
A.
Request for hearing; time for hearing.
(1)
Any person given notice pursuant to § 443-45 shall be entitled to a hearing, if requested, before the Board.
(2)
If such hearing is requested, it shall be commenced
not later than 10 days after request therefor is made, provided that
for good cause the Board may postpone such hearing for a reasonable
time.
B.
Conduct of hearings; subpoenas. At any hearing held before the Board of Health pursuant to the provisions of § 443-45, the Board of Health shall be vested with all the powers provoked by law to issue subpoenas to compel the attendance of witnesses and parties in interest and to require the production of books, records and other documents which may be pertinent to matters to be determined by the Board.
A.
If, after hearing, the Board finds that no violation
exists, it shall withdraw the notice.
B.
If the Board finds that a violation does exist, it
shall enter and issue an order requiring the abatement of the same
within a prescribed reasonable time and may enter and issue an order
suspending or revoking the license, permit or certificate affected
until said violation has been abated or for a specified period of
time, in the discretion of the Board.
The proceedings at such hearing, including the
findings and decision of the Board, shall be summarized, reduced to
writing and entered as a matter of public record in the office of
the Board.
A.
Whenever the Board finds that an emergency exists
which requires immediate attention to protect the public health or
safety, it may, without notice or hearing, issue an order reciting
the existence of such emergency and requiring such action as it deems
necessary to meet the emergency, including, in the discretion of the
Board, the suspension of any license, permit or certificate subject
to the provisions of this code. Notwithstanding any other provisions
of this code, such order shall be effective immediately.
B.
Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the Board shall be afforded
a hearing as soon as possible. After such hearing, the Board shall
continue such order in effect or modify or withdraw it.
C.
Pending the emergency meeting of the Board, the Health
Officer may, in his discretion, take such steps as he deems necessary
to protect the public health and safety.
