(1) The adjudicatory hearing shall be a de novo hearing and shall be an adjudicatory proceeding as defined in M.G.L. c. 30A, and conducted pursuant to 220 CMR 1.00: Procedural Rules.
(2) At the adjudicatory hearing, the respondent must be represented by an attorney, unless the respondent is an individual representing him or herself.
(3) If the Department finds, after the adjudicatory hearing, 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, it may issue a remedial order pursuant to 220 CMR 99.12.
(4) If the Division determines, or the Department finds, after the request for an adjudicatory hearing has been filed, that the evidence indicates reason to believe that the respondent 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 or informal review decision, the Division shall issue a new NOPV with respect to the violation so determined or found.
Amended by Mass Register Issue 1402, eff. 10/18/2019.