148 - Appeals from orders of health officer.

§ 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.