(1) that the county department of health is failing to comply with any regulations of the State Department of Health prescribing minimum public health activities, minimum standards of performance of health services, or standards of personnel administration; and

(2) that as a result, such county department of health is failing to accomplish the purposes described in section 2 of this act;¹ and furthermore

(3) that conditions exist which constitute a menace to the health of the people.

The State Secretary of Health shall not take charge of a county department of health under this section until he has given reasonable notice to the county commissioners of the county or, in the case of a joint-county department of health, to the joint-county health commission.

Any reasonable expenses incident to the administration of a county department of health under this section which are not borne directly by the county or counties which the county department of health serves and which expenses are, therefore, incurred by the State Secretary of Health shall be paid to the State by such county or counties. If the county department of health serves more than one county, each participating county shall contribute to the payment of the expenses incurred by the State Secretary of Health in the same proportion as it is required to contribute to the operation of the county department of health by subdivision (2) of subsection (b) of section 20 of this act.² If the expenses incurred by the State Secretary of Health remain unpaid three (3) months after he has rendered to the county or counties affected an itemized statement of his expenses and has demanded payment, he may, with the approval of the Governor, institute a proper action of assumpsit in the name of the Commonwealth and on its behalf for the recovery from such county or counties of such of his expenses as a jury finds reasonable.

The State Secretary of Health shall relinquish the administration of the county department of health only when he is satisfied that it will in the future be administered in compliance with the regulations of the State Department of Health and in a manner which will effect the purposes of county departments of health as described in section 2 of this act.