Code of Massachusetts Regulations
225 CMR - DEPARTMENT OF ENERGY RESOURCES
Title 225 CMR 26.00 - Massachusetts Offers Rebates for Electric Vehicles (MOR-EV) Program
Section 26.11 - Inspection and Noncompliance
Universal Citation: 225 MA Code of Regs 225.26
Current through Register 1531, September 27, 2024
(1) Inspection.
(a)
Document Inspection. The Department may audit the
accuracy of all information submitted pursuant to
225 CMR
26.00. As a condition of participating in the MOR-EV
rebate process, including Applicants and Participating Dealers, parties agree
to provide the Department any information that the Department determines
necessary to monitor compliance with and enforcement of
225 CMR
26.00.
(b)
Audit and Site Inspection. Upon reasonable notice to
an Applicant, Vehicle End User, Participating Dealership, Licensed Dealership,
or other entity that participates in the MOR-EV Program, the Department may
conduct audits, which may include inspection and copying of records and/or site
visits to a dealership, including, but not limited to, all files and documents
that the Department determines are related to compliance with
225 CMR
26.00.
(2) Noncompliance. Any Applicant, Vehicle End User, Licensed Dealership, or Participating Dealership that fails to comply with the requirements of 225 CMR 26.00 may be subject to the provisions in 225 CMR 26.11(2)(a) through (e).
(a)
Return of
Rebate. A failure to substantially comply with the requirements of
225 CMR
26.00 shall be determined by the Department on a
case-by-case basis. An Applicant that fails to substantially comply with these
requirements may be required to forfeit the rebate, rebate adder, or other
funds provided under the MOR-EV Program, in full or in part, in an amount to be
determined by the Department up to the amount received under the MOR-EV
Program.
(b)
Notice of
Noncompliance. A failure to substantially comply with the
requirements of
225 CMR
26.00 shall be determined by the Department on a
case-by-case basis. A written Notice of Noncompliance shall be prepared and
delivered by the Department to any individual, corporation, or non-profit
Applicant, Vehicle End User, Licensed Dealership, Participating Dealership, or
other entity that participates in the MOR-EV Program that fails to comply with
the requirements of
225 CMR
26.00. The Notice of Noncompliance shall describe the
requirement(s) with which the Applicant or dealership failed to comply, the
time period of such noncompliance, and the possible penalties for
noncompliance.
(c)
Publication of Notice of Noncompliance. A Notice of
Noncompliance may be published on the Department's website and in any other
media deemed appropriate by the Department. Such publication may remain posted
until the Applicant or dealership returns to compliance as determined by the
Department.
(d)
Suspension or Revocation of Participation in MOR-EV.
The Department may suspend or revoke a Participating Dealership's participation
in the MOR-EV Program due to noncompliance with
225 CMR
26.00.
(e)
Future Participation in the MOR-EV Program. They
Department may determine that an individual, Applicant, Vehicle End User,
Participating Dealership, Licensed Dealership, or other entity involved with
the MOR-EV Program may be suspended for a time or barred from participating in
the MOR-EV Program due to noncompliance with
225 CMR
26.00.
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