reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 7.00 - Procedure Governing Disciplinary Proceedings And Other Dispositions › Section 7.06 - Disposition by the Board

Current through Register 1525, July 5, 2024
(1) The members of
			 each Complaint Review Team shall present their report summarizing the findings
			 of their preliminary investigation to the other Board members at a
			 quasi-judicial session of the Board. The members of the Board who did not serve
			 on the Complaint Review Team shall then either recommit the matter to the
			 Complaint Review Team for further investigation or determine whether there are
			 sufficient grounds to initiate disciplinary action or other disposition as
			 described in
			 309 CMR
			 7.02.
(2) If the Board determines that based on the
			 preliminary investigation it has sufficient grounds to initiate disciplinary
			 action or other disposition as described in
			 309 CMR
			 7.02, the Board shall review the Complaint
			 Review Team's supplemental memorandum and take such action as it deems
			 appropriate, including, but not limited to, issuing an order, commencing an
			 adjudicatory proceeding, imposing discipline or other disposition by agreement,
			 or disposing of the matter at an informal conference.
(3) If the Board determines that it does not
			 have sufficient grounds to initiate disciplinary action or other disposition as
			 described in
			 309 CMR
			 7.02, it shall dismiss the complaint. In
			 dismissing a complaint, the Board may issue the respondent a warning or
			 admonition, that is not considered a disciplinary action, not to engage in
			 certain conduct. Both the complainant and the respondent shall promptly be
			 notified of the dismissal of a complaint and the basis for the dismissal. A
			 complainant shall have 30 days to petition the Board to reconsider the
			 dismissal of the complaint for good cause shown.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 7.00 - Procedure Governing Disciplinary Proceedings And Other Dispositions › Section 7.07 - Initiation of Formal Adjudicatory Proceedings

Current through Register 1525, July 5, 2024
If the Board determines that, based on the preliminary
				investigation, sufficient grounds exist to initiate disciplinary action or
				other disposition as described in
				309 CMR
				7.02, the Board may commence a formal
				adjudicatory proceeding by providing the respondent with an order to show cause
				why disciplinary action or other disposition as described in
				309 CMR
				7.02 should not be taken. The order shall
				state the grounds for taking disciplinary action or other disposition,
				including the specific facts relied upon and the statute(s) and/or regulations
				authorizing the Board to take disciplinary action or other disposition. It
				shall also explain the respondent's right to request an adjudicatory hearing to
				contest the grounds for discipline or other disposition set forth in the order.
				The order shall direct the respondent to file an answer within 21 days of
				receipt or notice of the order. The order shall also advise the respondent that
				failure to file a timely answer to the order shall be deemed an admission of
				the charges contained therein. Such admission shall permit the Board to proceed
				to impose discipline or other disposition pursuant to
				309 CMR
				7.10.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 7.00 - Procedure Governing Disciplinary Proceedings And Other Dispositions › Section 7.08 - Conduct of Formal Adjudicatory Proceedings

Current through Register 1525, July 5, 2024
(1)
Procedure Generally.
The conduct of formal
			 adjudicatory proceedings shall be governed by the Standard Adjudicatory Rules
			 of Practice and Procedure,
			 801 CMR 1.00. Upon receipt of
			 the respondent's answer requesting a formal adjudicatory proceeding, the
			 proceeding shall be conducted by a presiding officer appointed by the Board.
			 The staff attorney member of the Complaint Review Team shall serve as the
			 prosecuting attorney. The adjudicatory proceeding shall serve to finalize the
			 Board's investigation of the facts and grounds for discipline or other
			 disposition as described in
			 309 CMR
			 7.02. At the conclusion of the proceeding, in
			 accordance with the provisions of
			 801 CMR 1.00, the presiding
			 officer shall file a recommended decision with the Board and promptly provide
			 the parties with a copy. This recommended decision shall contain the presiding
			 officer's recommended findings of fact and rulings of law concerning the
			 charges set forth in the order to show cause. It shall not be the role of the
			 presiding officer to recommend the form of discipline or other disposition to
			 be taken by the Board.
(2) Written
			 Direct Testimony. Notwithstanding anything to the contrary in
			 801 CMR 1.00, all parties
			 shall file within a reasonable time in advance of the hearing the full written
			 text of the testimony of their witnesses on direct examination, including all
			 exhibits to be offered in evidence. The presiding officer shall establish a
			 schedule for the filing of this direct testimony and exhibits. A party may by
			 motion seek permission for good cause shown to present the direct testimony of
			 a witness by oral examination. Good cause in this context includes, but shall
			 not be limited to, persuasive evidence that the witness is an adverse witness,
			 hostile, or otherwise unwilling to prepare his or her direct testimony in
			 writing. The presiding officer may exclude direct testimony offered at the
			 hearing that was not included in the previously filed, written direct testimony
			 but was reasonably obtainable at the time it was filed. The presiding officer
			 may also require the filing of written rebuttal testimony within a reasonable
			 time after the filing of the direct testimony. All witnesses whose testimony is
			 filed in writing shall appear at the hearing, attest under the penalties of
			 perjury to the accuracy of their written testimony, and be available for
			 cross-examination. If a witness is not available for cross-examination at the
			 hearing, the written testimony of the witness shall be excluded from the record
			 unless the parties agree otherwise. Notwithstanding the foregoing, the
			 requirement to file written direct testimony can be waived by stipulation of
			 the parties.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 7.00 - Procedure Governing Disciplinary Proceedings And Other Dispositions › Section 7.09 - Suspension Prior to Hearing

Current through Register 1525, July 5, 2024
In the event that the Board finds that an imminent threat to
				public health or safety or to the environment could result during the pendency
				of an adjudicatory proceeding, the Board may issue an order suspending or
				revoking a licensed site professional's license. This order shall be effective
				and enforceable immediately upon issuance, and may remain so notwithstanding
				and until the conclusion of the adjudicatory proceeding, unless the Board
				orders otherwise during the course of the adjudicatory proceeding. The Board
				shall provide an opportunity for a hearing on the necessity for the summary
				action within seven days of the date on which the Board issues such an
				order.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 7.00 - Procedure Governing Disciplinary Proceedings And Other Dispositions › Section 7.10 - Final Decision of the Board

Current through Register 1525, July 5, 2024
(1)
Objections to Recommended Decision.
If either the
			 respondent or the prosecuting attorney files objections within 30 days to the
			 presiding officer's recommended decision, the Board shall allow the other party
			 20 days to submit a response. The Board may allow the parties to argue
			 orally.
(2)
Board's
			 Final Findings of Fact and Rulings of Law.
The Board members who
			 served on the Complaint Review Team shall not participate in making the final
			 decision. The Board may affirm and adopt the presiding officer's recommended
			 decision in whole or in part, and it may recommit the recommended decision to
			 the presiding officer for further findings as it may direct. If the Board does
			 not accept the whole of the recommended decision, it shall provide an adequate
			 reason for rejecting those portions of the recommended decision it does not
			 affirm and adopt. The Board shall endeavor to issue final findings of fact and
			 rulings of law within 90 days of the filing or re-filing with the Board of the
			 recommended decision. Notwithstanding anything to the contrary in the Standard
			 Adjudicatory Rules of Practice and Procedure,
			 801 CMR 1.00, the findings of
			 fact and rulings of law shall not become final until the Board votes and issues
			 its final findings of fact and rulings of law.
(3)
Board's Decision on Form of
			 Discipline or Other Disposition.
If the Board's final findings of
			 fact and rulings of law conclude with a finding that sufficient grounds exist
			 for disciplinary action or other disposition as described in
			 309 CMR
			 7.02, or if the respondent has failed to file
			 a timely answer to the order to show cause, the prosecuting attorney shall file
			 with the Board a memorandum containing a final recommendation, with supporting
			 reasons, concerning the form of discipline or other disposition, as described
			 in
			 309 CMR
			 7.02, the Board should impose in light of the
			 Board's final findings of fact and rulings of law. The prosecuting attorney
			 shall also serve a copy of this memorandum upon the respondent. Thereupon, the
			 respondent shall have 21 days to submit a memorandum in opposition to the
			 prosecuting attorney's final recommendation and to present an alternative
			 recommendation. If the respondent submits a memorandum in opposition, the
			 prosecuting attorney shall have 14 days to submit a response. The Board may
			 allow the parties to argue orally.
(4)
Final Decision.
The final decision of the Board shall contain both the Board's final findings
			 of fact and rulings of law and its final order of discipline or other
			 disposition as described in
			 309 CMR
			 7.02.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 7.00 - Procedure Governing Disciplinary Proceedings And Other Dispositions › Section 7.11 - Board Action Without Hearing

Current through Register 1525, July 5, 2024
Notwithstanding any provision of 309 CMR to the contrary, the
				Board may revoke, suspend or refuse to renew a license without affording an
				opportunity for an adjudicatory hearing if the revocation, suspension, or
				refusal to renew is based solely upon failure of the licensee to file timely
				applications or to pay lawfully prescribed fees, provided the Board gives
				notice of its intent to take such action to the licensee seven days prior to
				taking such action. If the licensee files the necessary application, or pays
				the prescribed fee within the time period, the Board shall terminate the
				revocation, suspension or refusal proceedings.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 7.00 - Procedure Governing Disciplinary Proceedings And Other Dispositions › Section 7.12 - Voluntary Surrender of License by Those Under Disciplinary Investigation

Current through Register 1525, July 5, 2024
A licensed site professional may not voluntarily surrender his
				or her license during the course of a disciplinary investigation or
				adjudicatory proceeding without the consent of the Board.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 7.00 - Procedure Governing Disciplinary Proceedings And Other Dispositions › Section 7.13 - Discipline or Other Disposition By Agreement

Current through Register 1525, July 5, 2024
At any point during the course of a disciplinary investigation
				or adjudicatory proceeding, the parties may present a proposed agreement for
				discipline or other disposition to the Board for its review and approval. The
				Board may approve or reject the proposed agreement. If the proposed agreement
				is accepted, the respondent shall waive his or her right to further
				administrative proceedings or judicial review pertaining to the matters that
				are subject to the agreement.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 7.00 - Procedure Governing Disciplinary Proceedings And Other Dispositions › Section 7.14 - Reinstatement

Current through Register 1525, July 5, 2024
(1) Any person whose license is revoked may
			 be barred by the Board from applying for re-issuance of his or her license for
			 a period of not more than five years. The term during which re-issuance is
			 barred will be established by the Board as part of its decision in the
			 revocation proceeding.
(2) Any
			 person whose license is suspended may be barred by the Board from applying for
			 reinstatement of his or her license until the suspension period established by
			 the Board as part of its decision in the suspension proceeding has
			 run.
(3) A licensed site
			 professional placed on inactive status pursuant to
			 309 CMR
			 7.02(4)  shall be entitled
			 to request transfer from inactive status to active status in accordance with
			 309
			 CMR 9.04.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 7.00 - Procedure Governing Disciplinary Proceedings And Other Dispositions › Section 7.15 - Client Notification Requirements after Revocation or Suspension

Current through Register 1525, July 5, 2024
(1) In every case where an LSP's license has
			 been revoked or suspended for a period of 90 days or more as a result of a
			 disciplinary action, the LSP shall document to the Board, in the manner
			 described below, that he or she has notified his or her current clients in
			 writing that his or her license has been revoked or suspended. The term
			 "current clients" means all clients for whom the LSP is serving as an
			 LSP-of-Record or is otherwise engaged to provide Professional Services on the
			 date of the revocation or suspension order. This documentation requirement also
			 applies when an LSP's license is suspended during the pendency of an
			 adjudicatory proceeding pursuant to
			 309 CMR
			 7.09; however, if the LSP requests a hearing
			 on the necessity of such action, this documentation requirement shall apply
			 only after that hearing if the suspension order is reaffirmed. For LSPs whose
			 license is suspended during the pendency of an adjudicatory proceeding, the
			 term "current clients" means all clients for whom the LSP was serving as an
			 LSP-of-Record or was otherwise engaged to provide Professional Services on the
			 date of the original immediate suspension order.
(2) The Board shall provide written
			 notification of this documentation requirement to each LSP to whom this
			 documentation requirement applies. This notification shall accompany each final
			 order of revocation, suspension of 90 days or more, or reaffirmation of a
			 suspension order issued pursuant to
			 309 CMR
			 7.09. Upon receipt of this notification, the
			 LSP shall take the following steps:
(a) Within
			 14 day from the date of notification the LSP shall notify all of his or her
			 current clients by certified mail, return receipt requested, that his or her
			 license has been revoked or suspended, whichever is the case, and that he or
			 she can no longer serve as the LSP for the client's site or sites.
(b) Within 21 days from the date of
			 notification, the LSP shall submit a signed affidavit to the Board attesting
			 that all his or her current clients have been notified of the revocation or
			 suspension. The LSP shall attach to the affidavit a copy of each notification
			 sent to the LSP's current clients and all return receipts or returned mail
			 received up to the date of the affidavit. The LSP shall file supplemental
			 affidavits covering subsequently received return receipts and returned
			 mail.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 8.00 - Administrative Penalty Regulations › Section 8.01 - Preconditions for Assessment of a Civil Administrative Penalty

Current through Register 1525, July 5, 2024
A penalty may be assessed only for a failure to comply
				that:
(1) meets the criteria set forth
			 in
			 309 CMR
			 8.02, and
(2) was any of the following:
(a) the subject of a previous Notice of
			 Noncompliance, as set forth in
			 309 CMR
			 8.03;
(b) part of a pattern of noncompliance, as
			 set forth in
			 309 CMR
			 8.04;
(c) willful and not the result of error, as
			 set forth in
			 309 CMR
			 8.05; or
(d) a failure to comply that resulted in
			 significant impact on public health, safety, welfare or the environment, as set
			 forth in
			 309
			 CMR 8.06.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 8.00 - Administrative Penalty Regulations › Section 8.02 - Noncompliance with a Law, Regulation, Order, or License

Current through Register 1525, July 5, 2024
A penalty may be assessed only for a failure to comply which,
				at the time it occurred, constituted noncompliance with a requirement:
(1) which was then in effect; and
(2) to which that person was then
			 subject.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 8.00 - Administrative Penalty Regulations › Section 8.03 - Notice of Noncompliance

Current through Register 1525, July 5, 2024
(1)
Criteria for Determining Whether Prior Issuance of a Notice of
			 Noncompliance Is Required for Assessment of a Civil Administrative
			 Penalty
. A penalty may be assessed only if either:
(a) a Notice of Noncompliance has been given
			 to that person as set forth in 309 CMR 8.03; or
(b) a Notice of Noncompliance has not been
			 given to that person but the failure to comply was as set forth in
			 309
			 CMR 8.01(2)(b), (c) or
			 (d).
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 8.00 - Administrative Penalty Regulations › Section 8.04 - Pattern of Noncompliance

Current through Register 1525, July 5, 2024
(1)
Criteria to be Considered in Determining Whether Instances of
			 Noncompliance Constitute a Pattern of Noncompliance for which a Civil
			 Administrative Penalty May Be Assessed
. A penalty may be assessed
			 without the prior issuance of a Notice of Noncompliance if the criteria set
			 forth in
			 309 CMR
			 8.02 are met and the violation thus being
			 penalized is not an isolated instance but part of a pattern of noncompliance.
			 In determining whether the violation to be thus penalized is not an isolated
			 instance but part of a pattern of noncompliance, the Board shall consider, but
			 shall not be limited to considering, the following criteria:
(a) whether the person who would be assessed
			 the penalty was given by the Board, on at least one previous occasion during
			 the five-year period prior to the date of the Penalty Assessment Notice, a
			 Notice of Noncompliance asserting violation(s) of the same requirement(s) as
			 the requirement(s) for violation of which the person would be assessed the
			 penalty;
(b) whether the person who
			 would be assessed the penalty was given by the Board, on at least two previous
			 occasions during the four-year period prior to the date of the Penalty
			 Assessment Notice, a Notice of Noncompliance asserting violation(s) of
			 requirement(s) different from the requirement(s) for violation of which the
			 person would be assessed the penalty;
(c) whether the violation for which the
			 person would be assessed the penalty and the other violation(s) described in
			 the prior Notice(s) of Noncompliance, considered together, indicate:
1. a potential threat to public health,
			 safety, or welfare, or the environment;
2. an interference with the Board's ability
			 to efficiently and effectively administer its programs; or
3. an interference with the Board's ability
			 to efficiently and effectively enforce any requirement to which 309 CMR
			 applies.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 8.00 - Administrative Penalty Regulations › Section 8.05 - Willful Non compliance

Current through Register 1525, July 5, 2024
A penalty may be assessed without the prior issuance of a
				Notice of Noncompliance if the criteria set forth in
				309 CMR
				8.02 are met and the violation was willful
				and not the result of error.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 8.00 - Administrative Penalty Regulations › Section 8.06 - Noncompliance Resulting in Significant Impact on Public Health, Safety, Welfare or the Environment

Current through Register 1525, July 5, 2024
A penalty may be assessed without the prior issuance of a
				Notice of Noncompliance if the criteria set forth in
				309 CMR
				8.02 are met and the violation thus being
				penalized resulted in significant impact on public health, safety, welfare or
				the environment.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 8.00 - Administrative Penalty Regulations › Section 8.07 - Determining the Money Amount of a Civil Administrative Penalty

Current through Register 1525, July 5, 2024
The money amount of each penalty assessed shall be determined
				in accordance with the criteria set forth in 309 CMR 8.07 through
				8.09.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 8.00 - Administrative Penalty Regulations › Section 8.09 - Maximum Permissible Penalty

Current through Register 1525, July 5, 2024
For each noncompliance except unauthorized practice, the full
				amount of the Penalty assessed shall not exceed $1,000. The maximum penalty for
				unauthorized practice shall not exceed $1,000 for each
				offense.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 8.00 - Administrative Penalty Regulations › Section 8.10 - Factors to be Applied in Determining the Money Amount of a Civil Administrative Penalty

Current through Register 1525, July 5, 2024
In determining the amount of each penalty, the Board shall
				consider each of the following:
(1)
			 the actual and potential impact on public health, safety, and welfare, and the
			 environment, of the failure(s) to comply that would be penalized;
(2) the actual and potential damages
			 suffered, and actual or potential costs incurred, by the Commonwealth, or by
			 any other person, as a result of the failure(s) to comply that would be
			 penalized;
(3) whether the person
			 who would be assessed the penalty took steps to prevent the failure(s) to
			 comply that would be penalized;
(4)
			 whether the person who would be assessed the penalty took steps to promptly
			 come into compliance after the occurrence of the failure(s) to comply that
			 would be penalized;
(5) whether the
			 person who would be assessed the penalty took steps to remedy and mitigate
			 whatever harm might have been done as a result of the failure(s) to comply that
			 would be penalized;
(6) whether the
			 person being assessed the penalty has previously failed to comply with any
			 regulation, order, or license issued or adopted by the Board, or any law which
			 the Board has the authority or responsibility to enforce;
(7) making compliance less costly than the
			 failure(s) to comply that would be penalized;
(8) deterring future noncompliance by the
			 person who would be assessed the penalty;
(9) deterring future noncompliance by persons
			 other than the person who would be assessed the penalty;
(10) the financial condition of the person
			 who would be assessed the penalty;
(11) the public interest; and
(12) any other factor(s) that reasonably may
			 be considered in determining the amount of a penalty, provided that said
			 factor(s) shall be set forth in the Penalty Assessment Notice.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 8.00 - Administrative Penalty Regulations › Section 8.11 - Procedures for Assessment of a Civil Administrative Penalty; Remedial Education Option

Current through Register 1525, July 5, 2024
(1) Each penalty
			 assessed shall be assessed in accordance with the procedures set forth in 309
			 CMR 8.11 through
			 8.18.
(2)
Right to Choose Remedial
			 Education Instead of Penalty.
In every proceeding involving
			 assessment of a penalty, except a proceeding concerning unauthorized practice,
			 the person being assessed the penalty shall have the right to choose to either
			 pay the full amount of the penalty in accordance with
			 309 CMR
			 8.18 or attend and successfully complete a
			 course of remedial education prescribed by the Board within reasonable deadline
			 specified by the Board.
(3)
Waiver of Right to Choose Remedial Education
. Whenever
			 the Board seeks to assess a penalty on any person, such person shall be deemed,
			 effective 21 days after the date of issuance of a final decision approved by
			 the Board, to have waived his or her right to choose to attend and successfully
			 complete a course of remedial education prescribed by the Board in lieu of
			 paying the full amount of the penalty, unless the Board receives from that
			 person a written statement that states he or she elects to attend the course of
			 remedial education as prescribed, and within the deadline specified, in the
			 Board's final decision.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 8.00 - Administrative Penalty Regulations › Section 8.12 - Notice of Intent to Assess a Civil Administrative Penalty

Current through Register 1525, July 5, 2024
(1) Whenever the Board seeks to assess a
			 penalty, the Board shall issue to the person on whom the penalty would be
			 assessed a notice of intent to assess a civil administrative penalty, the
			 content of which shall be as set forth in
			 309
			 CMR 8.13, and which shall be served as set
			 forth in
			 309
			 CMR 8.14.
(2) Notwithstanding 309 CMR 8.12(1), prior to
			 issuing a notice of intent to assess a civil administrative penalty to the
			 person on whom the penalty would be assessed, the Board shall provide such
			 person an opportunity to discuss the alleged noncompliance with the Board at an
			 informal conference, except where the noncompliance concerns unauthorized
			 practice.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 8.00 - Administrative Penalty Regulations › Section 8.13 - Content of Notice of Intent to Assess a Civil Administrative Penalty

Current through Register 1525, July 5, 2024
Each Penalty Assessment Notice shall include all of the
				following:
(1) a concise statement of
			 the alleged act or omission for which such penalty would be assessed;
(2) each law, regulation, order, or license
			 which has not been complied with as a result of such alleged act or
			 omission;
(3) the money amount
			 which would be assessed as a penalty for each alleged act or omission for which
			 the penalty would be assessed, and a concise statement of the factors
			 considered by the Board in determining this amount;
(4) a statement that the person on whom the
			 penalty would be assessed has a right to an adjudicatory hearing on such
			 assessment;
(5) a statement of the
			 requirements that must be complied with by the person on whom the penalty would
			 be assessed in order for said person to avoid being deemed to have waived said
			 person's right to an adjudicatory hearing; and
(6) a statement of how and by when the
			 penalty must be paid if the person on whom the penalty would be assessed waives
			 said person's right to an adjudicatory hearing.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 8.00 - Administrative Penalty Regulations › Section 8.14 - Service of Notice of Intent to Assess a Civil Administrative Penalty

Current through Register 1525, July 5, 2024
Each Penalty Assessment Notice shall be served, by one or more
				of the following methods, on the person on whom the Board seeks to assess the
				penalty:
(1) Service in hand at the
			 person's address last known to the Board or at the last known address of any
			 officer, employee, or agent of the person authorized by appointment of the
			 person or by law to accept service.
(2) Service in hand personally to the person,
			 or to any officer, employee, or agent of the person authorized by appointment
			 of the person or by law to accept service.
(3) By certified mail, return receipt
			 requested, addressed to the person's address last known to the Board or to the
			 last known address of any officer, employee, or agent of the person authorized
			 by appointment of the person or by law to accept service.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 8.00 - Administrative Penalty Regulations › Section 8.15 - Right to Adjudicatory Hearing

Current through Register 1525, July 5, 2024
Subject to the provisions of
				309 CMR
				8.16, whenever the Board seeks to assess a
				penalty on any person, such person shall have the right to an adjudicatory
				hearing.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 8.00 - Administrative Penalty Regulations › Section 8.16 - Waiver of Right to Adjudicatory Hearing

Current through Register 1525, July 5, 2024
Whenever the Board seeks to assess a penalty on any person,
				such person shall be deemed, effective 21 days after the date of issuance of
				the Penalty Assessment Notice pursuant to
				309 CMR 2.10,
				to have waived the right to an adjudicatory hearing unless, within 21 days of
				the date of issuance of the Penalty Assessment Notice, the Board receives from
				that person a written statement that does either or both of the following, and
				does so subject to and in compliance with applicable provisions of
				801 CMR 1.00:
(1) denies the occurrence of the act(s) or
			 omission(s) alleged by the Board in the Penalty Assessment Notice;
(2) asserts that the money amount of the
			 proposed Penalty is excessive.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 8.00 - Administrative Penalty Regulations › Section 8.17 - Conducting the Adjudicatory Hearing

Current through Register 1525, July 5, 2024
(1) Every
			 adjudicatory hearing conducted pursuant to M.G.L. c. 21A, §§16 and/or
			 19G and 309 CMR 8.17 shall be conducted in accordance with all applicable
			 provisions of M.G.L. c. 30A and
			 801 CMR 1.00, provided that to
			 the extent such provisions are inconsistent with M.G.L. c. 21A, §§ 16
			 and/or 19G, and 309 CMR 8.17, the provisions of M.G.L. c. 21A, §§ 16
			 and/or 19G, and 309 CMR 8.17 shall apply.
(2) The Board shall not be required to prove
			 the occurrence of the act(s) or omission(s) alleged by the Board in the Penalty
			 Assessment Notice and not denied in the statement filed pursuant to
			 309 CMR
			 8.16 (as may be amended in accordance with
			 801 CMR 1.01(6)(g)
			  ).
(3) If, in the statement filed pursuant to
			 309 CMR
			 8.16, the person who would be assessed the
			 penalty denies the occurrence of the act(s) or omission(s) alleged by the Board
			 in the Penalty Assessment Notice, the Board shall, by a preponderance of the
			 evidence, prove the occurrence of the act(s) or omission(s) denied in said
			 statement.
(4) If the person
			 assessed the penalty files the statement required pursuant to
			 309 CMR
			 8.16, the subsequent adjudicatory proceeding
			 shall be ended either by:
(a) a written
			 agreement, which shall take effect only upon written approval by a majority of
			 Board members; or
(b) a final
			 decision, which shall take effect only upon written approval by a majority of
			 Board members.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 8.00 - Administrative Penalty Regulations › Section 8.18 - Paying a Civil Administrative Penalty

Current through Register 1525, July 5, 2024
(1)
How Payment Shall Be Made
. Each penalty shall be paid
			 by certified check, cashier's check, or money order payable to the order of the
			 Commonwealth of Massachusetts. No other form of payment shall be
			 accepted.
(2)
When
			 Payment Shall Be Made.
(a) Except
			 as provided in 309 CMR 8.18(2)(b), each penalty assessed and for which remedial
			 education is not elected as a substitute pursuant to
			 309
			 CMR 8.11, shall be paid in full as follows:
1. If the person assessed the penalty waives
			 the right to an adjudicatory hearing pursuant to
			 309 CMR
			 8.16, the penalty shall be due, and shall be
			 paid in full, when such waiver takes effect
(i.e.
no later
			 than 21 days after the date of issuance of the Penalty Assessment Notice
			 pursuant to
			 309 CMR
			 2.10.
2. If the person assessed the penalty files
			 the statement described in 309 CMR 8.1 6 and if the subsequent adjudicatory
			 proceeding is ended by a written agreement pursuant to
			 309 CMR
			 8.17(4)(a), the penalty
			 shall be due, and shall be paid in full, no later than 21 days after the date
			 the Board approves said agreement in writing.
3. If the person assessed the penalty files
			 the statement described in
			 309 CMR
			 8.16, and if the subsequent adjudicatory
			 proceeding is ended by a final decision approved and signed by the Board
			 pursuant to
			 309 CMR
			 8.17(4)(b), and if a penalty
			 is assessed pursuant to said final decision, and if a civil action for judicial
			 review is not commenced, pursuant to M.G.L. c. 30A, within 30 days of the date
			 said final decision is approved and signed by the Board, the penalty shall be
			 due, and shall be paid in full, no later than 30 days after the date the Board
			 approves and signs said final decision.
4. If the person assessed the penalty files
			 the statement required pursuant to
			 309 CMR
			 8.16, and if the subsequent adjudicatory
			 proceeding is ended by a final decision approved and signed by the Board
			 pursuant to
			 309 CMR
			 8.17(4)(b), and if a penalty
			 is assessed pursuant to said final decision, and if a civil action for judicial
			 review is commenced, pursuant to M.G.L. c. 30A, within 30 days of the date said
			 final decision is approved and signed by the Board, and if the Court upholds
			 the assessment of the penalty in whole or in part, the penalty shall be due,
			 and shall be paid in full, no later than 21 days after the date of the entry of
			 the Court's judgment, or by such other deadline as the Court may
			 prescribe.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 9.00 - Inactive Status › Section 9.01 - General

Current through Register 1525, July 5, 2024
(1) Any licensed site professional may advise
			 the Board in writing that he or she desires to be placed on inactive status and
			 to discontinue the performance of Professional Services. Upon the filing of
			 such notice, the licensed site professional, for each site for which he or she
			 is an LSP-of-Record:
(a) shall notify the
			 Department pursuant to
			 310 CMR
			 40.0169(2)  that he or she
			 is no longer an LSP-of-Record for that site; and
(b) shall no longer be eligible to act as,
			 advertise as, or hold himself or herself out to be a licensed site
			 professional.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 9.00 - Inactive Status › Section 9.02 - Two-year Limit

Current through Register 1525, July 5, 2024
(1) A licensed site
			 professional may remain on inactive status for no longer than two years. In no
			 case shall a licensed site professional be allowed to maintain inactive status
			 for a period extending more than two years beyond the date the licensed site
			 professional last maintained an active license.
(2) A licensed site professional who was on
			 inactive status and whose license has lapsed may reapply at any time thereafter
			 by submitting a limited licensure application in a form approved by the Board
			 and the full application fee established for applicants for licensure. Each
			 such applicant shall meet the eligibility requirements, including the
			 examination requirements, existing at that time for initial applicants, except
			 that with respect to relevant professional experience the applicant need
			 demonstrate only that he or she has obtained three years of relevant
			 professional experience within the five-year period occurring prior to the
			 submission of the limited application. When reapplying, an individual who was
			 placed on inactive status pursuant to
			 309 CMR
			 7.02(4)  and whose license
			 has lapsed shall also comply with any requests made by the Board pertaining to
			 the individual's ability to perform the essential functions of a licensed site
			 professional in accordance with the requirements of 309 CMR.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 9.00 - Inactive Status › Section 9.03 - Fees and Reactivation

Current through Register 1525, July 5, 2024
(1) An inactive
			 licensed site professional shall pay the annual fee established by the
			 Secretary of Administration and Finance pursuant to M.G.L. c. 7, § 3B, and
			 published in
			 801 CMR
			 4.00, for inactive licensed site
			 professionals.
(2) Within two years
			 of assuming inactive status, a licensed site professional who was not placed on
			 inactive status pursuant to
			 309 CMR
			 7.02(4)  may resume active
			 status by filing a notice with the Board stating his or her intention to resume
			 active status.
(3) A licensed site
			 professional who has been placed on inactive status pursuant to
			 309 CMR
			 7.02(4)  who seeks within
			 two years to return to active status may do so by meeting the requirements for
			 reinstatement set forth in
			 309
			 CMR 9.04.
(4) Whenever a licensed site professional
			 resumes active status after being inactive, the Board shall assign him or her a
			 new license expiration date such that, not counting the period on inactive
			 status, when that new expiration date is reached the licensed site professional
			 will have been on active status for a total of approximately three years since
			 the date his or her license was issued or last renewed.
(5) A licensed site professional who has
			 resumed active status and seeks to renew his or her license after being on
			 inactive status may utilize any continuing education credits earned during the
			 period the licensed site professional was on inactive status.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 9.00 - Inactive Status › Section 9.04 - Reinstatement After Being Placed On Inactive Status Pursuant To 309 CMR 7.02(4)

Current through Register 1525, July 5, 2024
(1) A licensed site
			 professional who has been placed on inactive status pursuant to
			 309 CMR
			 7.02(4)  shall be entitled
			 to request transfer to active status when the licensed site professional can
			 demonstrate to the satisfaction of the Board that he or she can perform the
			 essential functions of a licensed site professional in accordance with the
			 requirements of 309 CMR, provided that the Board may reasonably determine and
			 set minimum intervals between such transfer requests. If the Board does not
			 reinstate the licensed site professional to active status within two years from
			 the date that he or she was placed on inactive status pursuant to
			 309 CMR
			 7.02(4), his or her license
			 shall lapse.
(2) In any case in
			 which the Board acts pursuant to 309 CMR 9.04 to reinstate a licensed site
			 professional from inactive status to active status, the Board may impose such
			 conditions or qualifications as it deems necessary or appropriate, including
			 but not limited to requiring that medical or other appropriate testing be
			 conducted on a periodic basis when the Board reasonably determines that such
			 periodic examination or testing is necessary to ensure that the licensed site
			 professional is and will remain capable of performing the essential functions
			 of a licensed site professional in accordance with the requirements of 309
			 CMR.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 1.00 - Adjudicatory Proceedings › Section 1.03 - Miscellaneous Provisions Applicable to All Adjudicatory Proceedings

Current through Register 1525, July 5, 2024
(1)
Citation
.
			 310 CMR
			 1.00 may be cited as
			 310 CMR
			 1.00:
Adjudicatory
			 Proceedings
.
(2)
Availability of
			 310 CMR
			 1.00
. Copies of 310 CMR shall be
			 available upon request to any person from the Office of the Secretary of the
			 Commonwealth and the Agency. Fees for copies shall be the cost of public
			 records as determined by the Executive Office for Administration and
			 Finance.
(3)
Severability
. If any rule contained in
			 310 CMR
			 1.00 is found to be unconstitutional or invalid by a
			 Court of competent jurisdiction, the validity of the remaining rules will not
			 be so affected.
(4)
Exemptions
.
			 310 CMR
			 1.00 shall not apply to any Agency within the
			 executive offices for which M.G.L. c. 30A is not applicable. Any other Agency
			 within each of the executive offices shall submit in whole or in part its rules
			 for the conduct of Adjudicatory Proceedings to the Commissioner of
			 Administration who shall approve or disapprove the filing of these proposed
			 substitute rules. Such substitute rules shall be promulgated pursuant to the
			 rulemaking procedures of M.G.L. c. 30A and shall be filed with the Secretary of
			 the Commonwealth within 60 days of the publication of
			 310 CMR
			 1.00 and shall take effect at the same time as the
			 standard rules. Thereafter, substitute rules shall be filed subject to the
			 approval of the Commissioner of Administration and in accordance with section
			 six.
Any substitute rules shall follow the headings and to the
				extent possible the subheadings as set forth in
				310 CMR
				1.00.
(5)
Non-english Speaking
			 Parties.
(a)
Communications
. All communications which may result in
			 the commencement of an Adjudicatory Proceeding shall contain a notice printed
			 in English, Spanish, Portugese, Italian, Greek, French and Chinese that informs
			 the reader that the document is important and should be translated
			 immediately.
(b)
Interpreters
. If any Party to a proceeding cannot
			 communicate effectively in English, the Agency, or Presiding Officer shall stay
			 the proceeding until someone can be found who can communicate effectively in
			 both English and the language of the non-English speaking Party.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 2.00 - Adopting Administrative Regulations › Section 2.01 - Definition of Regulation

Current through Register 1525, July 5, 2024
310 CMR 2.00 governs the
				procedures to be followed by agencies subject to M.G.L. c. 30A §§ 2
				and 3 (the State Administrative Procedure Act) when promulgating regulations
				The term "regulation" is defined by M.G.L. c. 30A as "the whole or any part of
				every rule, regulation, standard or other requirement of general application
				and future effect adopted by an agency to implement or interpret the law
				enforced or administered by it." [M.G.L. c. 30A s. 1(5).] "Regulation" does
				not, however, include advisory rulings, rules relating to the internal
				management of an agency and not directly related to the rights or procedures
				available to the public, regulations concerning the development and management
				of property of the Commonwealth or of the agency, or decisions rendered in
				adjudicatory proceedings, etc. Accordingly, these rules apply to agencies which
				are acting in a quasi-legislative capacity,
i.e.
, either
				promulgating substantive regulations consistent with applicable statutes or
				promulgating rules governing their own procedures. Where these rules apply, no
				agency may waive or otherwise modify them except to the extent specifically
				provided herein.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 2.00 - Adopting Administrative Regulations › Section 2.02 - Petition for Adoption of Regulations

Current through Register 1525, July 5, 2024
Any interested person or his attorney may at any time petition
				the department to adopt, amend, or repeal any regulation. The petition shall be
				addressed to the department and sent to the clerk or secretary by mail or
				delivered in person during normal business hours. All petitions shall be signed
				by the petitioner or his attorney, contain his address or the address of his
				attorney, and set forth clearly and concisely the text of the proposed
				regulation. The petition may be accompanied by any supporting data, views or
				arguments.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 2.00 - Adopting Administrative Regulations › Section 2.03 - Initial Procedure to Handle Recommended Regulations

Current through Register 1525, July 5, 2024
Upon receipt of a petition for the adoption, amendment or
				repeal of a regulation submitted pursuant to
				310 CMR
				2.02 or upon written recommendation by a
				member of a board or commission of the department that a regulation be adopted,
				amended or repealed , the department shall consider the petition or
				recommendation at a meeting and shall, thereupon, determine whether to schedule
				the petition or recommendation for further proceedings in accordance with
				310
				CMR 2.05 or
				310
				CMR 2.06. If the regulation has been
				presented to the department by petition under
				310 CMR
				2.02, the department shall within ten days
				after the meeting notify the petitioner of the department's
				action.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 2.00 - Adopting Administrative Regulations › Section 2.04 - Participation at Preliminary Meeting

Current through Register 1525, July 5, 2024
During the meeting referred to in
				310 CMR
				2.03, the department may, but shall not be
				required to, entertain comments or questions from members of the audience. The
				chairman or other presiding officer may at any time terminate participation by
				the audience.