(a) Except
as provided in 310 CMR 5.37(2)(b), each Penalty shall be paid in full as
follows:
1. If the person assessed the
Penalty waives the right to an adjudicatory hearing pursuant to
310 CMR
5.35, 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,
[
see
310 CMR 5.08
].
2. If the person assessed the
Penalty files the statement required pursuant to
310 CMR
5.35, and if the subsequent adjudicatory
proceeding is ended by a written agreement pursuant to
310 CMR
5.36(5)(a), the Penalty
shall be due, and shall be paid in full, no later than 21 days after the date
the Commissioner of the Department approves said agreement in
writing.
3. If the person assessed
the Penalty files the statement required pursuant to
310 CMR
5.35, and if the subsequent adjudicatory
proceeding is ended by a final decision approved and signed by the Commissioner
of the Department [
see
310 CMR
5.36(5)(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 Commissioner of the
Department, the Penalty shall be due, and shall be paid in full, no later than
30 days after the date the Commissioner of the Department approves and signs
said final decision.
4. If the
person assessed the Penalty files the statement required pursuant to
310 CMR
5.35, and if the subsequent adjudicatory
proceeding is ended by a final decision approved and signed by the Commissioner
of the Department [
see
310 CMR
5.36(5)(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 Commissioner of the
Department, 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 Court's decision, or by such other deadline as the
Court may prescribe.
(b)
The Department may authorize payment of a civil administrative penalty at a
time or times later than those prescribed pursuant to 310 CMR 5.37(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 310 CMR
5.37(2)(a) shall apply. If the Department gives any such express written
authorization, the civil administrative penalty shall be paid in full at the
time or times specified therein.
