310 CMR, § 40.0585 - Right to Request an Adjudicatory Hearing
(1) Any
person who is aggrieved by a decision of the Department to reclassify a
disposal site pursuant to
310
CMR 40.0583 to a Tier Classification category
that is higher than the previous classification may request an adjudicatory
hearing before the Department in accordance with
310
CMR 40.0050.
(2) A request for adjudicatory hearing
pursuant to 310 CMR 40.0585 shall:
(a) comply
with 310 CMR 40.0050 and 1.00:
Adjudicatory Proceedings; and
(b) state the reason(s) the decision to
reclassify does not comply with 310 CMR 40.0000.
(3) The adjudicatory hearing shall be limited
to the issue of whether the Department's decision to reclassify is in
accordance with the criteria set forth in
310
CMR 40.0583(3).
Notes
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