Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 5.00 - Administrative Penalty
Section 5.32 - Content of Notice of Intent to Assess a Civil Administrative Penalty
Current through Register 1531, September 27, 2024
Each Penalty Assessment Notice shall include all of the following:
(1) a concise statement of the alleged act or omission for which such Penalty would be assessed.
(2) each law, regulation, order, license, or approval which has not been complied with as a result of such alleged act or omission.
(3) the money amount which would be assessed as a Penalty for each alleged act or omission for which the Penalty would be assessed, and a concise statement of the factors considered by the Department in determining this amount.
(4) a statement that the person on whom the Penalty would be assessed has a right to an adjudicatory hearing on such assessment.
(5) a statement of the requirements that must be complied with by the person on whom the Penalty would be assessed in order for said person to avoid being deemed to have waived said person's right to an adjudicatory hearing.
(6) a statement of how and by when the Penalty must be paid if the person on whom the Penalty would be assessed waives said person's right to an adjudicatory hearing.
