105 CMR, § 500.204 - Notice of Violations/Order to Correct
(A) Whenever the regulatory agency finds upon
inspection, investigation of a complaint, or through information in its
possession that an applicant, licensee, or permit holder is not in compliance
with any of the provisions of 105 CMR 500.000, the regulatory agency shall
notify such person of each violation or deficiency. The notice shall include a
statement of the violations or deficiencies found; the provisions of the law
relied upon; the level of severity of the violation or deficiency, when
appropriate; a reasonable period of time for correction; and notice that a
violation or deficiency may result in a refusal to issue or renew or a
suspension or revocation of a license, permit, or approval; a modification or
limitation of a license, permit, or approval; an order to cease and desist;
and/or the imposition of fines and/or administrative penalties, as
applicable.
(B) The reasonable
period of time for correction shall be within the discretion of the regulatory
agency to establish in each instance, and shall be based on an evaluation of
the type and the severity of each violation or deficiency.
(C) The inspection report may, if so stated,
constitute the Notice of Violations/Order to Correct all violations or
deficiencies indicated, or the regulatory agency may issue a separate
Notice/Order. Both the inspection report and the Notice of Violations/Order to
Correct shall constitute prima facie evidence of the
violations stated therein.
(D) If
critical violations are found, or if after review or reinspection the
regulatory agency finds that the violations have not been corrected, the
regulatory agency may issue a prescriptive order stating specific actions that
the facility must take to correct the violations. The regulatory agency shall
document the conditions that necessitate the specific actions.
(E)
Service of the Notice of
Violations/Order to Correct.
(1)
Service shall be in person to the person in charge at the time of the
inspection; or by certified mail, return receipt requested, to the address on
file with the regulatory agency; or by any officer of the Commonwealth
authorized to make service.
(2) If
served personally, notice is deemed to be served on the date when the Notice of
Violations/Order to Correct is delivered personally.
(3) If served by certified mail, return
receipt requested, notice is deemed to be served on the second business day
after it is mailed.
(4) Notice is
deemed served if the applicant, licensee, permit holder, or person in charge
has actual notice.
(F)
The applicant, licensee, or permit holder shall be responsible for the
correction of all violations or deficiencies and compliance with any order
issued pursuant to 105 CMR 500.000 and applicable statutes.
(G) The completed inspection report form and
other related enforcement documents are public records as defined in M.G.L. c.
4, § 7, clause 26th, unless a specific
exemption applies in a particular case.
(H) All inspection report forms and other
related enforcement documents shall be maintained by the regulatory agency for
a minimum of seven years, or longer if otherwise required by law.
Notes
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