Legislation
SECTION 374
Certain cities; appeals from orders of commissioner of health or health officers
Public Health (PBH) CHAPTER 45, ARTICLE 3, TITLE 4
§ 374. Certain cities; appeals from orders of commissioner of health
or health officers. 1. Any person aggrieved by an order, decision or
direction of the commissioner of health or health officer of a city
having a population of less than one hundred seventy-five thousand, may
appeal therefrom to the official or authority which appoints the head of
the department of health of such city, who or which may affirm, reverse
or modify the order, decision or direction appealed from.
2. Such appeal may be made by serving on the said commissioner of
health or health officer a written notice of appeal within two days,
Sundays and legal holidays excepted, or within such further time as
shall be allowed by the official or authority having power to hear the
appeal after the appellant received notice of the order, decision or
direction appealed from. Within two days after receiving such notice of
appeal, Sundays and legal holidays excepted, the commissioner of health
or health officer shall make a written return to the official or
authority having power to hear the appeal of the facts and evidence on
which such order, decision or direction is founded. Upon receipt of such
return, or if no return be made within the time specified, the official
or authority having power to hear the appeal shall forthwith proceed to
hear and determine the matter. Upon such appeal the official or
authority having power to hear it need not be confined to the evidence
contained in the return but in his or its discretion may take additional
evidence.
3. Until the decision of the appeal is made the order, decision or
direction appealed from shall not be suspended unless the official or
authority having power to hear the appeal by an order in writing shall
so direct, which order shall be filed forthwith in the office of the
commissioner of health or health officer of the city.
4. In case of failure to sustain the appeal the official or authority
having power to hear the appeal may in his or its discretion impose
costs not exceeding ten dollars upon the appellant.
or health officers. 1. Any person aggrieved by an order, decision or
direction of the commissioner of health or health officer of a city
having a population of less than one hundred seventy-five thousand, may
appeal therefrom to the official or authority which appoints the head of
the department of health of such city, who or which may affirm, reverse
or modify the order, decision or direction appealed from.
2. Such appeal may be made by serving on the said commissioner of
health or health officer a written notice of appeal within two days,
Sundays and legal holidays excepted, or within such further time as
shall be allowed by the official or authority having power to hear the
appeal after the appellant received notice of the order, decision or
direction appealed from. Within two days after receiving such notice of
appeal, Sundays and legal holidays excepted, the commissioner of health
or health officer shall make a written return to the official or
authority having power to hear the appeal of the facts and evidence on
which such order, decision or direction is founded. Upon receipt of such
return, or if no return be made within the time specified, the official
or authority having power to hear the appeal shall forthwith proceed to
hear and determine the matter. Upon such appeal the official or
authority having power to hear it need not be confined to the evidence
contained in the return but in his or its discretion may take additional
evidence.
3. Until the decision of the appeal is made the order, decision or
direction appealed from shall not be suspended unless the official or
authority having power to hear the appeal by an order in writing shall
so direct, which order shall be filed forthwith in the office of the
commissioner of health or health officer of the city.
4. In case of failure to sustain the appeal the official or authority
having power to hear the appeal may in his or its discretion impose
costs not exceeding ten dollars upon the appellant.