Section 374. Certain cities; appeals from orders of commissioner of health or health officers

1. Any person aggrieved by  an  order,  decision  or
  direction  of  the  commissioner  of  health or health officer of a city
  having a population of less than one hundred seventy-five thousand,  may
  appeal therefrom to the official or authority which appoints the head of
  the  department of health of such city, who or which may affirm, reverse
  or modify the order, decision or direction appealed from.
    2. Such appeal may be made by serving  on  the  said  commissioner  of
  health  or  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 official or authority having power to hear the
  appeal after the appellant received notice of  the  order,  decision  or
  direction  appealed from. Within two days after receiving such notice of
  appeal, Sundays and legal holidays excepted, the commissioner of  health
  or  health  officer  shall  make  a  written  return  to the official or
  authority having power to hear the appeal of the facts and  evidence  on
  which such order, decision or direction is founded. Upon receipt of such
  return,  or if no return be made within the time specified, the official
  or authority having power to hear the appeal shall forthwith proceed  to
  hear  and  determine  the  matter.  Upon  such  appeal  the  official or
  authority having power to hear it need not be confined to  the  evidence
  contained in the return but in his or its discretion may take additional
  evidence.
    3.  Until  the  decision  of the appeal is made the order, decision or
  direction appealed from shall not be suspended unless  the  official  or
  authority  having  power to hear the appeal by an order in writing shall
  so direct, which order shall be filed forthwith in  the  office  of  the
  commissioner of health or health officer of the city.
    4.  In case of failure to sustain the appeal the official or authority
  having power to hear the appeal may in  his  or  its  discretion  impose
  costs not exceeding ten dollars upon the appellant.