Section 590.015 - Service of Orders/Hearings(A)Service of Orders. (1) Each applicant or permit holder shall provide the board of health with his or her complete and correct mailing address on its application for a permit. Each permit holder shall notify the board of health within seven calendar days of any change in the mailing address. The address provided to the board of health shall be deemed the appropriate address for the service of all orders and notices from the board of health.(2) Orders for summary suspension shall be served on the applicant or permit holder or his authorized agent by:(a) Posting the order on a public entrance to the food establishment; and(b) In hand service to the permit holder or by sending a copy of the order or notice by registered or certified mail, return receipt requested to the address indicated in 105 CMR 590.015(A)(1).(3) All orders, other than orders for summary suspension, shall be served on the applicant or permit holder or his or her authorized agent as follows: (a) By sending a copy of the order by registered or certified mail, return receipt requested, to the address indicated in 105 CMR 590.015(A)(1); or(b) Personally, by any person authorized to serve civil process.(c) Only if the aforementioned methods are unsuccessful, service may be made as follows: 1. By any person authorized to serve civil process by leaving a copy of the order at his or her last and usual place of abode.2. If the last and usual place of abode is unknown, service may be made by posting a copy of the order in a conspicuous place on or about the premises.(4)Proof of Proper Service. Proof of proper service may be made by affidavit of the person making service or by admission of the receipt signed by the applicant or permit holder, the person operating a food establishment without a permit to operate, or an authorized agent of the applicant or permit holder.(B)Hearings.(1) The person or persons to whom any order or notice of suspension, revocation, or non-renewal pursuant to 105 CMR 590.000 has been directed, may request a hearing before the board of health. Such request shall be in writing and shall be filed in the office of the board of health within ten days after receipt of the order or notice. Upon receipt of such request the board of health shall set a time and a place for such hearing and shall inform the petitioner thereof in writing. Except in the case of a summary suspension under 105 CMR 590.014(A), the hearing shall be commenced not later than ten days after the day on which the request was filed. A local board of health that sets a hearing on a specified date rather than requiring the permit holder to request a hearing, satisfies the hearing requirement provided that it gives adequate notice of the hearing date. However, upon application of the petitioner the board of health may postpone the date of the hearing beyond the ten-day period or the set date, for a reasonable time if in the judgment of the board of health the petitioner has submitted a good and sufficient reason for such postponement.(2) At the hearing the petitioner shall be given an opportunity to be heard and to show why the order should be modified or withdrawn. Any oral testimony given at a hearing shall be recorded verbatim (tape recording shall suffice).(3) After the hearing the board of health shall make a final decision based upon the complete hearing record and shall inform the petitioner in writing of the decision. If the board of health sustains or modifies an order, it shall be carried out within the time period allotted in the original order or in the modification.(4) Every notice, order, decision and 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) A copy of the transcript or tape recording shall be provided upon request and a reasonable fee may be charged for the cost of providing such copy.(6) Any person aggrieved by the final decision of the board of health may seek relief in a court of competent jurisdiction in the Commonwealth.Amended by Mass Register Issue 1375, eff. 10/5/2018.