Code of Massachusetts Regulations
220 CMR - DEPARTMENT OF PUBLIC UTILITIES
Title 220 CMR 149.00 - Procedures For The Determination Of Violations And For Enforcement Of M.g.l. C. 159a And M.g.l. C. 159b
Section 149.02 - Notice of Probable Violation: Commencement of Enforcement Proceedings

Universal Citation: 220 MA Code of Regs 220.149

Current through Register 1531, September 27, 2024

(1) The Department shall, within 30 days after a report of a suspected violation, either issue the NOPV or issue a statement of reasons for declining to issue the NOPV.

(2) The Department may begin a proceeding by issuing a NOPV if the Department has reason to believe that a violation of M.G.L. c. 159A, M.G.L. c. 159B, or any regulation promulgated or order issued thereunder, has occured or is continuing to occur.

(3) The NOPV shall state the factual basis for the allegation of a violation and the proposed remedial action to be taken by the person served ("respondent") if the Department findss a violation. The respondent has a right

(a) to reply in writing to the NOPV within 30 days from the date of the NOPV or

(b) to appear at an informal conference with the Department on a designated day which is at least 30 days from the date of the NOPV, and the NOPV shall so state.

(4) Any written reply must be filed with the Department on or before the day scheduled for the informal conference and must be signed by the respondent's designee. It must include a complete statement of all relevant facts and authority, and a full description of the reasons that the respondent disputes the violations alleged in the NOPV.

(5) If the respondent or his representative fails, without good cause, either to file a written reply or to appear at the informal conference, the respondent shall be redeemed to have admitted the accuracy of the factual allegations and legal conclusions stated in the NOPV, and the respondent shall be held liable to take the remedial action proposed in the NOPV through the issuance of a remedial order pursuant to 220 CMR 149.05.

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