Code of Massachusetts Regulations
220 CMR - DEPARTMENT OF PUBLIC UTILITIES
Title 220 CMR 69.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Pipeline Facilities, Transportation of Natural Gas, Liquefied Natural Gas Facilities, and Steam Distribution Facilities
Section 69.04 - Response Options

Universal Citation: 220 MA Code of Regs 220.69

Current through Register 1531, September 27, 2024

(1) Within 30 days of receipt of an NOPV, the respondent shall respond to the Department in one of the following ways:

(a) Return the signed Consent Order and agree to pay the proposed civil penalty by check or money order made payable to the Commonwealth of Massachusetts;

(b) Submit an offer in compromise of the proposed civil penalty under 220 CMR 69.04(2);

(d) Submit a written reply to the Department disputing the violation(s) in the NOPV. The reply must include a complete statement of all relevant facts and authority and full description of the reasons why the respondent disputes the violation(s) alleged in the NOPV.

(2) An offer in compromise under 220 CMR 69.04(1)(b) is made by submitting a check or money order for the amount offered, payable to the Commonwealth of Massachusetts, to the Department. A respondent making an offer in compromise shall also submit written explanations, information, or other materials which may justify the Department's acceptance of the offer in compromise. If an offer in compromise is accepted by the Department, the respondent shall be notified in writing that the acceptance is in full settlement of the civil penalty action. If an offer in compromise is rejected by the Department, the check or money order shall be returned to the respondent with written notification. Within ten days of receipt of such notification, the respondent may request an informal conference under 220 CMR 69.05, or submit a written reply under 220 CMR 69.04(1)(d).

(3) Failure of the respondent to respond to the NOPV in accordance with 220 CMR 69.04 constitutes a waiver of respondent's right to contest the allegations in the NOPV and authorizes the Department, without further notice to the respondent, to find the facts to be as alleged in the NOPV and to issue a final order.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.