(1) Following an informal conference or receipt of a written reply to the NOPV, the investigator shall conduct an informal review of all relevant evidence and make a recommendation to the Division director. If the evidence indicates reason to believe that the respondent has violated M.G.L. c. 82, §§ 40 through 40D, 220 CMR 99.00, 49 CFR 192.614, or 49 CFR Part 196 in a respect not stated in the NOPV, the Division shall issue a new or revised NOPV with respect to that allegation.
(2) If the evidence supports a finding that the respondent committed the violations as alleged in the NOPV, the Division shall issue a written decision to the respondent specifying the section of the statute or regulation violated, the factual basis for the violation, the amount of the civil penalty, any corrective action deemed appropriate, and the response options available to the respondent.
(3) If the respondent is not satisfied with the informal review decision, the respondent may request an adjudicatory hearing under 220 CMR 99.11 by submitting a written request to the Department Secretary within 14 days of the date of the decision. Failure of the respondent to request an adjudicatory hearing within 14 days constitutes a waiver of respondent’s right to contest the decision, and authorizes the Department, without further notice to the respondent, to hold the respondent liable to pay the civil penalty designated in the decision through the issuance of a remedial order under 220 CMR 99.12.
Amended by Mass Register Issue 1402, eff. 10/18/2019.