Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 904.00 - County Correctional Facilities - Enforcement Procedures
Section 904.10 - Compliance Order
Universal Citation: 103 MA Code of Regs 103.904
Current through Register 1531, September 27, 2024
(1) The Commissioner shall make the final decision in any compliance proceeding.
(2) In cases where a compliance hearing has not been held, the Commissioner may, after review of the notice of non-compliance, the response thereto, and all other relevant materials, issue a written compliance order. The compliance order shall contain determinations of:
(a) instances of
non-compliance;
(b) what steps need
to be taken to secure compliance; and,
(c) what period of time shall be allowed for
remedying all instances of non-compliance. The compliance order shall also
contain all findings of fact and conclusions of law necessary to support its
determinations. A copy of the compliance order shall be served upon the
Sheriff/facility administrator, and if applicable, each other party to the
proceedings and/or each attorney of record for a party.
(3) In cases where a compliance hearing has been held, the Commissioner shall, after review of the finding and report of the hearing officer and all other relevant materials, issue a written compliance order. The compliance order shall contain determinations of:
(a) instances of non-compliance;
(b) what steps need to be taken to secure
compliance; and,
(c) what period of
time shall be allowed for remedying all instances of non-compliance. The
compliance order shall also contain all findings of fact and conclusions of law
necessary to support its determinations. A copy of the compliance order shall
be served upon the Sheriff/facility administrator, and if applicable each other
party to the proceedings and/or each attorney of record for a party.
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