Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 5.00 - Administrative Penalty
Section 5.35 - Waiver of Right to Adjudicatory Hearing

Universal Citation: 310 MA Code of Regs 310.5

Current through Register 1531, September 27, 2024

Whenever the Department seeks to assess a Penalty on any person, such person shall be deemed, effective 21 days after the date of issuance of the Penalty Assessment Notice, to have waived the right to an adjudicatory hearing unless, within 21 days of the date of issuance of the Penalty Assessment Notice [see 310 CMR 5.08 ], such person files with the Department (i.e. the Department receives) a written statement that does either or both of the following, and does so subject to and in compliance with applicable provisions of 310 CMR 1.00: Adjudicatory Proceedings

(1) denies the occurrence of the act(s) or omission(s) alleged by the Department in the Penalty Assessment Notice.

(2) asserts that the money amount of the proposed Penalty is excessive.

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