06-096 C.M.R. ch. 534, § 17 - Final Orders

A. After consideration of the record or in the event the Operator does not request a hearing, fails to answer as required, or fails to appear at the hearing, the Commissioner or designee will as soon as practicable issue an order regarding the relief requested by the Department. The order may:

(1) Close the hearing without further action;

(2) Suspend the Certification at issue in the hearing; or

(3) Revoke the Certification at issue in the hearing.

The order will state the date upon which it becomes effective and will advise the Operator of their right to appeal under appropriate provisions of the law.

B. Decisions relating to suspensions and revocations will be made based on the preponderance of the evidence presented.

C. The Commissioner or designee will make all final findings and decisions in consideration of the record, draft decision, and comments that were timely submitted.

D. Final Orders will be in writing and will include findings of fact sufficient to apprise the parties and any interested member of the public of the basis for the decision.

E. A copy of the Final Order will be delivered or mailed to the Operator or their representative and approved intervenors.

F. A copy of the Final Order will be posted on the Department website and provided to interested persons.

G. The Final Order of the Commissioner or designee constitutes final agency action by the Department.

Notes

06-096 C.M.R. ch. 534, § 17