Code of Massachusetts Regulations
225 CMR - DEPARTMENT OF ENERGY RESOURCES
Title 225 CMR 19.00 - ENERGY MANAGEMENT SERVICES (EMS) CONTRACTS REQUESTS FOR QUALIFICATIONS PROCESS
Section 19.09 - Enforcement; Complaint Processing Procedures; and Disputes
Current through Register 1531, September 27, 2024
(1) Document Inspection. DOER may audit the accuracy of all information submitted under 225 CMR 19.00. 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 19.00.
(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 19.00.
(3) DOER shall investigate any complaints of non-compliance with M.G.L. c. 25A, § 11I and 225 CMR 19.00 subject to the following procedures and requirements:
(4) Upon receiving a written complaint which complies with the requirements established in 225 CMR 19.09(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:
(7) If DOER determines after its initial investigation that there has been no violation of M.G.L. c. 25A, § 11I or 225 CMR 19.00, 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, § 11I or 225 CMR 19.00.
(9) If, after a hearing, there is a finding that a violation did occur, the Commissioner may order:
(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 19.00 in the Superior Court of Suffolk County.
(12) The decision of the Local Government Body regarding the selection of a Contractor shall be final and not subject to appeal except on the grounds of fraud or collusion.