§ 307-13. Procedure for hearings.

A. 

Suspension of a permit.

(1) 

After a Board suspension of a permit, a hearing shall be initiated pursuant to 801 CMR 1.00 et seq. (Standard Adjudicatory Rules of Practice and Procedure), no later than 21 calendar days after the effective date of the suspension.

(2) 

Upon written request to the Board of Health, the establishment or practitioner shall be afforded an opportunity to be heard concerning the suspension of the permit by the Board.

(3) 

In cases of suspension of a permit, the Board of Health shall determine, by a preponderance of the evidence, that there existed immediately prior to or at the time of the suspension an immediate and serious threat to the public health, safety or welfare. The Board of Health shall issue a written decision, which contains a summary of the testimony and evidence considered and the reasons for the decision.

B. 

Denial, revocation, or refusal to renew a permit.

(1) 

If the Board determines that a permit shall be denied, revoked, or not renewed pursuant to the Board's regulations, the Board shall initiate a hearing in accordance with 801 CMR 1.00 et seq.

(2) 

Following the hearing, the Board of Health shall issue a written decision that contains a summary of the testimony and evidence considered and the reasons for the decision.