(a) Except
as provided in 309 CMR 8.18(2)(b), each penalty assessed and for which remedial
education is not elected as a substitute pursuant to
309
CMR 8.11, shall be paid in full as follows:
1. If the person assessed the penalty waives
the right to an adjudicatory hearing pursuant to
309 CMR
8.16, the penalty shall be due, and shall be
paid in full, when such waiver takes effect (i.e. no later
than 21 days after the date of issuance of the Penalty Assessment Notice
pursuant to
309 CMR
2.10.
2. If the person assessed the penalty files
the statement described in 309 CMR 8.1 6 and if the subsequent adjudicatory
proceeding is ended by a written agreement pursuant to
309 CMR
8.17(4)(a), the penalty
shall be due, and shall be paid in full, no later than 21 days after the date
the Board approves said agreement in writing.
3. If the person assessed the penalty files
the statement described in
309 CMR
8.16, and if the subsequent adjudicatory
proceeding is ended by a final decision approved and signed by the Board
pursuant to
309 CMR
8.17(4)(b), and if a penalty
is assessed pursuant to said final decision, and if a civil action for judicial
review is not commenced, pursuant to M.G.L. c. 30A, within 30 days of the date
said final decision is approved and signed by the Board, the penalty shall be
due, and shall be paid in full, no later than 30 days after the date the Board
approves and signs said final decision.
4. If the person assessed the penalty files
the statement required pursuant to
309 CMR
8.16, and if the subsequent adjudicatory
proceeding is ended by a final decision approved and signed by the Board
pursuant to
309 CMR
8.17(4)(b), and if a penalty
is assessed pursuant to said final decision, and if a civil action for judicial
review is commenced, pursuant to M.G.L. c. 30A, within 30 days of the date said
final decision is approved and signed by the Board, and if the Court upholds
the assessment of the penalty in whole or in part, the penalty shall be due,
and shall be paid in full, no later than 21 days after the date of the entry of
the Court's judgment, or by such other deadline as the Court may
prescribe.
(b) The Board
may authorize payment of a civil administrative penalty at a time or times
later than those prescribed pursuant to 309 CMR 8.18(2)(a). No such
authorization shall be valid unless made expressly and in writing. In the
absence of any such express written authorization, the provisions of 309 CMR
8.18(2)(a) shall apply. If the Board gives any such express written
authorization, the civil administrative penalty shall be paid in full at the
time or times specified therein.
(c) If the person assessed the penalty files
the statement for which the Board has provided in
309
CMR 8.11 but does not attend or does not
successfully complete the course of remedial education prescribed by the Board
by the deadline specified by the Board, that person shall pay the full amount
of the penalty, plus interest at the rate set forth in M.G.L. c. 231, §
6C, calculated from the date such person filed such statement with the
Board.