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.
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.
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.
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.
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.
Conduct of hearings; subpoenas. At any hearing held before the Board of Health pursuant to the provisions of § 311-42, the Board of Health shall be vested with all the powers provided 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.
If the Board finds that a violation does exist, it shall
enter and issue an order requiring the abatement of 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.
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 that 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.
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.
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.