Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 440.000 - Minimum Standards For Developed Family Type Camp Grounds (state Sanitary Code, Chapter Vi)
Section 440.23 - Hearing

(1) The person or persons to whom any order has been directed may request a hearing before the approving authority by filing, within seven days after the day the order was served, in the office of the approving authority, a written request for a hearing on the matter. Upon receipt of such request, the approving authority shall set a time and a place for such a hearing and shall inform the applicant thereof in writing. The hearing shall be commenced not later then ten days after the day on which the request was filed; provided, that upon application the approving authority may postpone the date of the hearing for a reasonable time beyond such ten-day period for good and sufficient reason.

(2) At the hearing the petitioner shall be given an opportunity to be heard to show why the order should be modified or withdrawn. Where appropriate, a consolidated hearing may be held.

(3) After the hearing, the approving authority shall sustain, modify, or withdraw the order, and may suspend or revoke the license, and shall inform the petitioner in writing of the decision. If the approving authority sustains or modifies the order, it shall be carried out within the time period allotted in the original order or in the modifications.

(4) Every notice, order, and other record prepared by the approving authority in connection with the hearing shall be entered as a matter of public record in the office of the approving authority and the Board of Health.

(5) Any operator or other person aggrieved by the decision of the approving authority may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the Commonwealth.

(6) If a written petition for a hearing is not filed in the office of the approving authority within seven days after an order as provided in 105 CMR 440.23(1) has been issued, 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. (See 105 CMR 440.24(2) ) .

(7) Any request for hearing before the Department shall be subject to 310 CMR 1.00: Rules for Adjudicatory Proceedings, except as modified or superseded herein.