Hearing

(1) The personor persons to whomanyorder has been served pursuant to 105 CMR 435.000 may request a hearing before the Board of Health by filing with the Board of Health within seven days after the day the order was served, a written petition requesting a hearing on the matter. Upon receipt of such petition the Board of Health shall set a time and a place for such a hearing and shall inform the petitioner thereof in writing. The hearing shall be commenced not later than ten days after the day on which the petition was filed; provided, that on application of the petitioner the Board of Health may postpone the date of the hearing for a reasonable time beyond such ten-day period if in the judgment of the Board of Health the petitioner has submittedagoodandsufficient reason for such postponement. (2) At the hearing the petitioner shallbe givenanopportunityto be heard and to show why the order should be modified or withdrawn. (3) After the hearing the Board of Health shall sustain, modify or withdraw the order and shall inform the petitioner in writing of its decision. If the Board of Health sustains or modifies the order, it shall be carried out within the time period allotted in the original order or in the modification. (4) Every notice, order, or 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) If a written petition for a hearing is not filed inthe office ofthe Board ofHealth within seven days after an order 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 435.45).