Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 14.00 - Excavation And Trench Safety (jackie's Law) › Section 14.05 - Suspension and Revocation of Permits; Assessment of Fines; Immediate Shut-down; Appeals

Current through Register 1525, July 5, 2024
(1)
Scope
. 520 CMR 14.05 establishes the suspension and revocation procedures for all permits, establishes the penalty structure for the assessment of administrative penalties and sets forth the procedure for immediate shut down of the site.
(2)
Revocation and Suspension of Permit by Permitting Authority
. The permitting authority may, after a hearing, suspend or revoke a permit issued pursuant 520 CMR 14.03. All hearings under 520 CMR 14.05 shall be held in accordance with M.G.L. c. 30A and 801 CMR 1.02. Each permitting authority shall have the discretion to establish the grounds consistent with 520 CMR 14.00 for a suspension or revocation however such suspension or revocation shall not be imposed in a manner which directly, substantially or specifically regulates the occupational safety or health of any employee engaged in employment covered by the Federal Occupational Safety and Health Act.
(3)
Assessment of Fines by the Department of Public Safety.
(a) Notwithstanding any action taken by a permitting authority pursuant to 520 CMR 14.05(2), the Department of Public Safety may assess administrative fines against the excavator in accordance with M.G.L. c. 82A § 1.
(b)
Penalty Structure
. Whenever the Department of Public Safety finds upon inspection, investigation or other information in its possession, that a violation of any provision of 520 CMR 14.00 has occurred, the Department may assess an administrative penalty not to exceed $5,000.00 for each violation. Each day during which a violation exists shall constitute a separate offense.
(c)
Factors in Determining Amount of Penalty
. In determining the amount of the administrative penalty, the Department of Public Safety may consider one or more of the following:
1. The willfulness of the violation;
2. Previous violations resulting in the imposition of administrative penalties as set forth in the rules of the Department of Public Safety;
3. Whether the violation resulted in an accident involving bodily injury or death to a member of the general public;
4. The actual or potential danger to the public;
5. Whether the excavator did everything reasonable to attempt to comply with 520 CMR 14.00;
6. Actions, if any, taken by the permitting authority;
7. Whether imposition of the administrative penalty is likely to deter future noncompliance; and
8. The interests of public safety.
(d)
Notice
. The Department of Public Safety shall send written notice of alleged violation(s) and intent to impose administrative penalties to the violator. The Notice shall specify:
1. The specific condition(s) which constitute the violation;
2. The provision(s) of 520 CMR 14.00 with which there has been non-compliance;
3. The amount that is to be assessed as a penalty for each alleged violation;
4. The procedure for requesting a hearing as set forth in 520 CMR 14.05(7).
(e)
Hearings
. Written requests for a hearing must be filed with the Department of Public Safety within ten calendar days of receipt of the notice of violation issued pursuant to 520 CMR 14.05(7).