105 CMR, § 440.22

Current through Register 1536, December 6, 2024
Section 440.22 - Orders; Service and Content
(1) If an examination as provided for in 105 CMR 400.000: State Sanitary Code Chapter I: General Administrative Procedures, reveals that a family type camp does not comply with the provisions of 105 CMR 440.00, the board of health or the Department shall order the operator to comply with the violated provisions.
(2) Every order shall be in writing and shall be served on the operator or his authorized agent:
(a) personally, by any person authorized to serve civil process, or
(b) by leaving a copy of the order at his last and usual place of abode, or
(c) by sending him a copy of the order by registered or certified mail, return receipt requested, if he is within the United States, or
(d) if his last and usual place of abode is unknown or outside the United States, by posting a copy of the order in a conspicuous place on or about the building or portion thereof affected.
(3) Subject to the emergency provisions of 105 CMR 400.000: State Sanitary Code Chapter I: General Provisions, any order issued under the provisions of 105 CMR 440.000, shall
(a) include a statement of the violation or defect, and may suggest action which, if taken, will affect compliance and
(b) allot a reasonable time for any action required, and
(c) inform the person to whom it is directed of his right to a hearing, and of his responsibility to request the hearing, and to whom the request shall be made.

105 CMR, § 440.22