105 CMR, § 470.600 - Hearings
(A) If the Commissioner determines that the
plan of correction is inadequate to protect the health and well-being of a
citizen of the Commonwealth, or if no plan of correction is received within the
required time, he/she may cause a public hearing to be held. The notice of
hearing shall be sent by the Department to the chief executive officer of a
municipality or state agency not later than 21 days after the plan of
correction is or should have been received by the Department.
(B) At the hearing the executive officer(s)
of the municipality or the appropriate state agency or their designee(s) shall
be given an opportunity to be heard and to show why the lockup should not be
closed.
(C) Within 14 days after
the hearing, the Commissioner shall make a determination as to whether the
subject lockup shall be closed and shall inform the municipality or state
agency of his/her decision in writing. If closure is ordered, the lockup shall
remain closed until it is found to be in compliance with 105 CMR 470.000 and
receives written notification from the Department to that effect.
Notes
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