Section 148. Appeals from orders of health officer  


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  • 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.