Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 590.000 - State Sanitary Code Chapter X:minimum Sanitation Standards For Food Establishments
Section 590.015 - Service of Orders/Hearings
Universal Citation: 105 MA Code of Regs 105.590
Current through Register 1531, September 27, 2024
(A) Service of Orders.
(1) Each applicant or permit holder shall
provide the board of health with his or her complete and correct mailing
address on its application for a permit. Each permit holder shall notify the
board of health within seven calendar days of any change in the mailing
address. The address provided to the board of health shall be deemed the
appropriate address for the service of all orders and notices from the board of
health.
(2) Orders for summary
suspension shall be served on the applicant or permit holder or his authorized
agent by:
(a) Posting the order on a public
entrance to the food establishment; and
(b) In hand service to the permit holder or
by sending a copy of the order or notice by registered or certified mail,
return receipt requested to the address indicated in
105 CMR
590.015(A)(1).
(3) All orders, other than orders
for summary suspension, shall be served on the applicant or permit holder or
his or her authorized agent as follows:
(a)
By sending a copy of the order by registered or certified mail, return receipt
requested, to the address indicated in
105 CMR
590.015(A)(1); or
(b) Personally, by any person authorized to
serve civil process.
(c) Only if
the aforementioned methods are unsuccessful, service may be made as follows:
1. By any person authorized to serve civil
process by leaving a copy of the order at his or her last and usual place of
abode.
2. If the last and usual
place of abode is unknown, service may be made by posting a copy of the order
in a conspicuous place on or about the premises.
(4)
Proof of Proper
Service. Proof of proper service may be made by affidavit of the
person making service or by admission of the receipt signed by the applicant or
permit holder, the person operating a food establishment without a permit to
operate, or an authorized agent of the applicant or permit holder.
(B) Hearings.
(1) The
person or persons to whom any order or notice of suspension, revocation, or
non-renewal pursuant to
105 CMR
590.000 has been directed, may request a hearing
before the board of health. Such request shall be in writing and shall be filed
in the office of the board of health within ten days after receipt of the order
or notice. Upon receipt of such request the board of health shall set a time
and a place for such hearing and shall inform the petitioner thereof in
writing. Except in the case of a summary suspension under
105 CMR
590.014(A), the hearing
shall be commenced not later than ten days after the day on which the request
was filed. A local board of health that sets a hearing on a specified date
rather than requiring the permit holder to request a hearing, satisfies the
hearing requirement provided that it gives adequate notice of the hearing date.
However, upon application of the petitioner the board of health may postpone
the date of the hearing beyond the ten-day period or the set date, for a
reasonable time if in the judgment of the board of health the petitioner has
submitted a good and sufficient reason for such postponement.
(2) At the hearing the petitioner shall be
given an opportunity to be heard and to show why the order should be modified
or withdrawn. Any oral testimony given at a hearing shall be recorded verbatim
(tape recording shall suffice).
(3)
After the hearing the board of health shall make a final decision based upon
the complete hearing record and shall inform the petitioner in writing of the
decision. If the board of health sustains or modifies an order, it shall be
carried out within the time period allotted in the original order or in the
modification.
(4) Every notice,
order, decision and 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 board of health.
(5) A copy of
the transcript or tape recording shall be provided upon request and a
reasonable fee may be charged for the cost of providing such copy.
(6) Any person aggrieved by the final
decision of the board of health may seek relief in a court of competent
jurisdiction in the Commonwealth.
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