Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart L - COST RECOVERY, LIEN HEARINGS AND PETITIONS FOR REIMBURSEMENT OF INCURRED COSTS
Section 40.1256 - Conducting the Adjudicatory Hearing

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.1256

Current through Register 1531, September 27, 2024

(1) Every adjudicatory hearing conducted pursuant to M.G.L. c. 21E, and 310 CMR 40.1250 shall be conducted in accordance with all applicable provisions of M.G.L. c. 30A, and 310 CMR 1.00: Adjudicatory Proceedings, provided however, that to the extent such provisions are inconsistent with M.G.L. c. 21E, and 310 CMR 40.1250, the provisions of M.G.L. c. 21E, and 310 CMR 40.1250 shall apply.

(2) The Department shall not be required to prove any facts alleged by the Department in the Lien Notice unless such facts are expressly denied in the statement filed pursuant to 310 CMR 40.1255.

(3) If, in the statement filed pursuant to 310 CMR 40.1255, the person filing such statement denies one or more facts, the Department shall demonstrate a reasonable likelihood that such fact or facts is true or exists.

(4) Damage to the environment, as defined in M.G.L. c. 214A, § 7, will not be at issue during the conduct of hearings pursuant to 310 CMR 40.1250.

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