§ 148. Appeals from orders of health officer. Any person aggrieved by
an order, decision or direction of the health officer, may appeal
therefrom to the commissioner, who may affirm, reverse or modify the
order, decision or direction appealed from. Such appeal must be made by
serving on the 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 commissioner after the appellant receives
notice of the order, decision or direction appealed from. Within two
days after receiving such notice of appeal, Sundays and legal holidays
excepted, the health officer shall make a written return to the
commissioner of the facts and evidence on which such an order, decision
or direction is founded. Upon receipt of such return, or if no return be
made within the time specified, the commissioner shall forthwith proceed
to hear and determine the matter. Upon such appeal the commissioner need
not be confined to the evidence contained in the return but in his
discretion may take additional evidence. Until the decision of the
appeal be made, the order, decision or direction appealed from shall be
suspended. In case of failure to sustain the appeal, the commissioner
may, in his discretion, impose costs not exceeding ten dollars upon the
appellant.