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 69.05 - Informal Review

(1) The informal review shall be conducted by an investigator designated by the Commission. The informal review shall consist of an informal conference, if the respondent has chosen this option under 220 CMR 69.04(1)(c), or an analysis of the respondent's written reply under 220 CMR 69.04(1)(d).

(2) At the informal conference, the respondent shall have the right to be represented by an attorney or other person, and shall have the right to present relevant documents to the investigator. The investigator shall make available to the respondent any evidence which indicates that the respondent may have violated any provision of 220 CMR 20.00: Steam Distribution Companies, 101.00 through 115.00, or 49 CFR Parts 40, 192, 193 and 199, and the respondent or the respondent's representative shall have the opportunity to rebut this evidence. However, this informal conference shall not be construed to be an adjudicatory hearing for purposes of M.G.L. c. 30A.

(3) The investigator shall make a decision in writing. If the respondent is not satisfied with the decision, the respondent may request an adjudicatory hearing, in writing, within seven days of the date of the decision. Failure to request an adjudicatory hearing within the time allowed will be deemed an admission of the factual allegations and legal conclusions stated in the investigator's decision, and the respondent shall be held liable to pay the civil penalty designated in the NOPV and to comply with a remedial order issued under 220 CMR 69.07.