Code of Massachusetts Regulations
309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS
Title 309 CMR 7.00 - Procedure Governing Disciplinary Proceedings And Other Dispositions
Section 7.10 - Final Decision of the Board

(1) Objections to Recommended Decision. If either the respondent or the prosecuting attorney files objections within 30 days to the presiding officer's recommended decision, the Board shall allow the other party 20 days to submit a response. The Board may allow the parties to argue orally.

(2) Board's Final Findings of Fact and Rulings of Law. The Board members who served on the Complaint Review Team shall not participate in making the final decision. The Board may affirm and adopt the presiding officer's recommended decision in whole or in part, and it may recommit the recommended decision to the presiding officer for further findings as it may direct. If the Board does not accept the whole of the recommended decision, it shall provide an adequate reason for rejecting those portions of the recommended decision it does not affirm and adopt. The Board shall endeavor to issue final findings of fact and rulings of law within 90 days of the filing or re-filing with the Board of the recommended decision. Notwithstanding anything to the contrary in the Standard Adjudicatory Rules of Practice and Procedure, 801 CMR 1.00, the findings of fact and rulings of law shall not become final until the Board votes and issues its final findings of fact and rulings of law.

(3) Board's Decision on Form of Discipline or Other Disposition. If the Board's final findings of fact and rulings of law conclude with a finding that sufficient grounds exist for disciplinary action or other disposition as described in 309 CMR 7.02, or if the respondent has failed to file a timely answer to the order to show cause, the prosecuting attorney shall file with the Board a memorandum containing a final recommendation, with supporting reasons, concerning the form of discipline or other disposition, as described in 309 CMR 7.02, the Board should impose in light of the Board's final findings of fact and rulings of law. The prosecuting attorney shall also serve a copy of this memorandum upon the respondent. Thereupon, the respondent shall have 21 days to submit a memorandum in opposition to the prosecuting attorney's final recommendation and to present an alternative recommendation. If the respondent submits a memorandum in opposition, the prosecuting attorney shall have 14 days to submit a response. The Board may allow the parties to argue orally.

(4) Final Decision. The final decision of the Board shall contain both the Board's final findings of fact and rulings of law and its final order of discipline or other disposition as described in 309 CMR 7.02.