Right to Hearing

Unless otherwise specified in 105 CMR 410.000, the following persons may request a hearing before the board of health by filing a written petition: (A) Any person or persons upon whom any order or notice has been served and all affected persons, pursuant to 105 CMR 410.000 (except for an order issued after the requirements of 105 CMR 410.650 have been satisfied) provided, such petition must be filed within seven calendar days after the day the order was served; (B) Any person aggrieved by the failure of any inspector(s) or other personnel of the board of health: (1) To inspect upon request any premises as required by 105 CMR 410.000; provided, such petition must be filed within 30 calendar days after such inspection was requested; (2) To issue a report on an inspection as required by 105 CMR 410.000; provided, such petition must be filed within 30 calendar days after the inspection; (3) To find after an inspection violations of 105 CMR 410.000 when such violations are claimed to exist or to certify that a violation or combination of violations may endanger or materially impair the health or safety, and well-being of the occupants of the premises; provided, such petition must be filed within 30 calendar days after receipt of the inspection report; (4) To issue an order as required by 105 CMR 410.640; provided that such petition must be filed within 30 calendar days after receipt of the inspection report; (5) To enforce the provisions of 105 CMR 410.000 pursuant to M.G.L. c. 111, § 127A; provided such petition must be filed within 45 calendar days after receipt of the order; or (6) To follow the provisions of 105 CMR 410.700 in the approval of a variance; provided such petition must be filed within 30 calendar days of the board of health's grant of the variance.