§ 148 — Appeals from orders of health officer

New York § 148

• Jurisdiction: New York
• Law SCC: Second Class Cities
• Art. 9: Department of Public Safety

Text

§ 148. Appeals from orders of health officer. Any person aggrieved by\nan order, decision or direction of the health officer, may appeal\ntherefrom to the commissioner, who may affirm, reverse or modify the\norder, decision or direction appealed from. Such appeal must be made by\nserving on the health officer a written notice of appeal within two\ndays, Sundays and legal holidays excepted, or within such further time\nas shall be allowed by the commissioner after the appellant receives\nnotice of the order, decision or direction appealed from. Within two\ndays after receiving such notice of appeal, Sundays and legal holidays\nexcepted, the health officer shall make a written return to the\ncommissioner of the facts and evidence on which such an order, decision\nor direction is founded. Upon receipt of such return, or if no return be\nmade within the time specified, the commissioner shall forthwith proceed\nto hear and determine the matter. Upon such appeal the commissioner need\nnot be confined to the evidence contained in the return but in his\ndiscretion may take additional evidence. Until the decision of the\nappeal be made, the order, decision or direction appealed from shall be\nsuspended. In case of failure to sustain the appeal, the commissioner\nmay, in his discretion, impose costs not exceeding ten dollars upon the\nappellant.\n