310 CMR, § 40.1256 - Conducting the Adjudicatory Hearing

(1) Every adjudicatory hearing conducted pursuant to M.G.L. c. 21E, and 310 CMR 40.1250 shall be conducted in accordance with all applicable provisions of M.G.L. c. 30A, and 310 CMR 1.00: Adjudicatory Proceedings, provided however, that to the extent such provisions are inconsistent with M.G.L. c. 21E, and 310 CMR 40.1250, the provisions of M.G.L. c. 21E, and 310 CMR 40.1250 shall apply.

(2) The Department shall not be required to prove any facts alleged by the Department in the Lien Notice unless such facts are expressly denied in the statement filed pursuant to 310 CMR 40.1255.

(3) If, in the statement filed pursuant to 310 CMR 40.1255, the person filing such statement denies one or more facts, the Department shall demonstrate a reasonable likelihood that such fact or facts is true or exists.

(4) Damage to the environment, as defined in M.G.L. c. 214A, § 7, will not be at issue during the conduct of hearings pursuant to 310 CMR 40.1250.

Notes

310 CMR, § 40.1256

Amended by Mass Register Issue 1503, eff. 3/1/2024. Amended by Mass Register Issue S1516, eff. 3/1/2024.