Code of Massachusetts Regulations
225 CMR - DEPARTMENT OF ENERGY RESOURCES
Title 225 CMR 10.00 - Energy Management Services (ems) Contracts Rfp Process
Section 10.08 - Enforcement, Complaint Processing Procedures; Disputes

Universal Citation: 225 MA Code of Regs 225.10

Current through Register 1531, September 27, 2024

(1) Document Inspection. DOER may audit the accuracy of all information submitted under 225 CMR 10.00. The Department may request and obtain from any Local Governmental Body or Contractor information that the Department determines necessary to monitor compliance with and enforcement of 225 CMR 10.00.

(2) Audit and Site Inspection. Upon reasonable notice to a Local Governmental Body or Contractor, DOER may conduct audits, which may include inspection and copying of records and/or site visits, including but not limited to, all files and documents that DOER determines are related to compliance with 225 CMR 10.00.

(3) DOER shall investigate any complaints of non-compliance with M.G.L. c. 25A, § 11C and 225 CMR 10.00 subject to the following procedures and requirements:

(a) Any person may file with DOER a complaint of non-compliance with the requirements of M.G.L. c. 25A, § 11C and 225 CMR 10.00.

(b) The complaint shall be in writing, mailed to the Commissioner and the relevant Local Governmental Body, certified mail return receipt requested, and shall include the following information:
1. the name, address, email address, and phone number of the person filing the complaint;

2. the name of the entity about whom the complaint is filed;

3. a detailed description of the nature of the alleged non-compliance, including but not limited to, all applicable dates, the applicable statutory and regulatory requirement(s) allegedly violated, and names of any other persons involved in and aggrieved by the non-compliance;

4. a statement demonstrating that the complaint has been brought to the attention of the Local Governmental Body and describing all previous efforts to resolve or correct the non-compliance with the Local Governmental Body; and

5. any supporting documentation.

(4) Upon receiving a written complaint which complies with the requirements established in 225 CMR 10.08(3) or upon its own initiative, DOER shall conduct an investigation if it has reasonable cause to believe a violation has occurred.

(5) DOER shall notify the Local Governmental Body or individual that is the subject of the complaint of the alleged violation and the existence of the investigation within a reasonable period of time.

(6) After giving such notice, DOER may:

(a) Contact the person filing the complaint to request additional information;

(b) Request information, including existing documentation and verbal or written explanations, from the Local Governmental Body regarding the complaint; and

(c) Contact other persons, including Responsive Offerors and the selected Contractor, to seek additional information regarding the complaint. All persons including but not limited to Responsive Offerors, Local Governmental Bodies, and Contractors, involved in the RFP procurement which is the subject of the complaint, shall comply fully with any such investigation and provide such information as DOER may require.

(7) If DOER determines after its initial investigation that there has been no violation of M.G.L. c. 25A, § 11C or 225 CMR 10.00, then DOER shall terminate the investigation and notify the subject of the complaint of its finding, in writing.

(8) If DOER determines after its initial investigation concludes that there is evidence to support its investigative conclusion that a violation occurred, DOER shall conduct a hearing under 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure. The hearing shall determine whether there was a violation of M.G.L. c. 25A, § 11C or 225 CMR 10.00.

(9) If, after a hearing, there is a finding that a violation did occur, the Commissioner may order:

(a) Immediate and future compliance with M.G.L. c. 25A, § 11C or 225 CMR 10.00;

(b) Any specific action to correct the violation;

(c) Nullification of any actions taken, including issued RFPs, or executed contracts; or,

(d) Other appropriate action.

(10) DOER may forward its findings and any order to the Attorney General or Inspector General for further investigation.

(11) The Commissioner may seek enforcement of any Order issued under 225 CMR 10.00 in the Superior Court of Suffolk County.

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.
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