Mass. Gen. Laws ch. 21A, sec. 19G — MA Code / Part I / Title II / Chapter 21A / Section 19G
Civil administrative penalties
Status: in_force

Section 19G. (1) The board may assess a civil administrative penalty on a person who fails to comply with any provision of any regulation, order, or license issued or adopted by the board, or with any provision of sections nineteen through nineteen J, inclusive, subject to the following requirements: (a) In all cases, such noncompliance occurred after the board had given such person written notice of such noncompliance, and after reasonable time, as determined by the board and stated in said notice, has elapsed for coming into compliance; provided, that the board may assess such penalty without providing such written notice if such failure to comply: (i) was part of a pattern of noncompliance and not an isolated instance, or (ii) was willful and not the result of error, or (iii) resulted in significant impact on public health, safety, welfare, or the environment. For the purpose of determining whether noncompliance was part of a pattern of noncompliance and not an isolated instance, the board shall consider, but not be limited to, the following: whether or not the board had previously notified the person of any noncompliance on two occasions during the previous four-year period, or of any noncompliance with the same provision of a law, regulation, order, or license as the current noncompliance during the previous five-year period; and whether or not the current and previous noncompliances, considered together, indicate a potential threat to public health, safety, welfare, or the environment or an interference with the ability of the board to efficiently and effectively administer the board's programs or to enforce any regulation, order, or license the board has issued or adopted or any provision of sections nineteen through nineteen J, inclusive. If a person who has received a notice of noncompliance fails to come into compliance within the time period stated in such notice, the civil administrative penalty may be assessed by the board upon such person from the date of receipt of such notice. (b) All other provisions of section sixteen shall apply to all administrative and judicial proceedings for the assessment of civil administrative penalties pursuant to this section, except that for each day a violation occurs or continues, the civil administrative penalty for such violation shall not exceed one thousand dollars. This remedy shall be in addition to any other provided by law. (c) In addition to the requirements set forth in paragraphs (a) and (b), the following additional requirements shall apply to all noncompliance except noncompliance with section nineteen D: (i) No notice of intent to assess a civil administrative penalty shall be issued until the person to whom the notice is intended to be issued has been given an opportunity to informally discuss the alleged noncompliance with the board. Such informal discussion shall not be an adjudicatory proceeding and shall not be subject to those provisions of chapter thirty A governing adjudicatory proceedings; (ii) In every proceeding involving assessment of a civil administrative penalty, the person on whom the civil administrative penalty is assessed shall have the right to choose to either pay the full amount of the civil administrative penalty or attend and successfully complete a course of remedial education prescribed by the board if the board assesses the civil administrative penalty. If the person on whom the civil administrative penalty is assessed chooses to, but does not, attend and successfully complete the course of remedial education prescribed by the board, the person on whom the civil administrative penalty is assessed shall pay the full amount of the civil administrative penalty, plus interest calculated from the date on which he chose to attend the course of remedial education. (iii) Notwithstanding any provision of paragraph (b) to the contrary, the total amount of a civil administrative penalty subject to this paragraph shall not exceed, in the aggregate, one thousand dollars. (2) The board may issue a public censure or a private censure to a licensee at any time for cause.

Section 19G. (1) The board may assess a civil administrative penalty on a person who fails to comply with any provision of any regulation, order, or license issued or adopted by the board, or with any provision of sections nineteen through nineteen J, inclusive, subject to the following requirements:

(a) In all cases, such noncompliance occurred after the board had given such person written notice of such noncompliance, and after reasonable time, as determined by the board and stated in said notice, has elapsed for coming into compliance; provided, that the board may assess such penalty without providing such written notice if such failure to comply: (i) was part of a pattern of noncompliance and not an isolated instance, or (ii) was willful and not the result of error, or (iii) resulted in significant impact on public health, safety, welfare, or the environment. For the purpose of determining whether noncompliance was part of a pattern of noncompliance and not an isolated instance, the board shall consider, but not be limited to, the following: whether or not the board had previously notified the person of any noncompliance on two occasions during the previous four-year period, or of any noncompliance with the same provision of a law, regulation, order, or license as the current noncompliance during the previous five-year period; and whether or not the current and previous noncompliances, considered together, indicate a potential threat to public health, safety, welfare, or the environment or an interference with the ability of the board to efficiently and effectively administer the board's programs or to enforce any regulation, order, or license the board has issued or adopted or any provision of sections nineteen through nineteen J, inclusive. If a person who has received a notice of noncompliance fails to come into compliance within the time period stated in such notice, the civil administrative penalty may be assessed by the board upon such person from the date of receipt of such notice.

(b) All other provisions of section sixteen shall apply to all administrative and judicial proceedings for the assessment of civil administrative penalties pursuant to this section, except that for each day a violation occurs or continues, the civil administrative penalty for such violation shall not exceed one thousand dollars. This remedy shall be in addition to any other provided by law.

(c) In addition to the requirements set forth in paragraphs (a) and (b), the following additional requirements shall apply to all noncompliance except noncompliance with section nineteen D:

(i) No notice of intent to assess a civil administrative penalty shall be issued until the person to whom the notice is intended to be issued has been given an opportunity to informally discuss the alleged noncompliance with the board. Such informal discussion shall not be an adjudicatory proceeding and shall not be subject to those provisions of chapter thirty A governing adjudicatory proceedings;

(ii) In every proceeding involving assessment of a civil administrative penalty, the person on whom the civil administrative penalty is assessed shall have the right to choose to either pay the full amount of the civil administrative penalty or attend and successfully complete a course of remedial education prescribed by the board if the board assesses the civil administrative penalty. If the person on whom the civil administrative penalty is assessed chooses to, but does not, attend and successfully complete the course of remedial education prescribed by the board, the person on whom the civil administrative penalty is assessed shall pay the full amount of the civil administrative penalty, plus interest calculated from the date on which he chose to attend the course of remedial education.

(iii) Notwithstanding any provision of paragraph (b) to the contrary, the total amount of a civil administrative penalty subject to this paragraph shall not exceed, in the aggregate, one thousand dollars.

(2) The board may issue a public censure or a private censure to a licensee at any time for cause.