Code of Massachusetts Regulations
322 CMR - Division of Marine Fisheries
Title 322 CMR 16.00 - Shellfish Sanitation, Harvest, Handling And Management
Section 16.11 - Authority to Suspend Permits for Violations of 322 CMR 16.00
Universal Citation: 322 MA Code of Regs 322.16
Current through Register 1531, September 27, 2024
(1) Subject to the procedures in 322 CMR 16.11(2)(b), the Director may suspend without a prior hearing the permit of a commercial fisherman, or a wholesale dealer whenever an officer authorized to investigate and enforce shellfish laws and regulations of the Commonwealth determines that there is reasonable cause for citing such permit holder for a violation of 322 CMR 16.00.
(2) Such permit suspension shall not be effective until the permit holder is in receipt of following information.
(a) The
written report from the officer that sets forth the factual and regulatory
basis for the officer's determination that there is reasonable cause for citing
such permit holder for a violation of 322 CMR 16.00.
(b) Written notice of the Division's
authority under M.G.L. c. 130, § 80, and 322 CMR 16.10 to suspend the
permit and a statement of the basis for such suspension, with reference to the
enforcement officer's written report.
(c) An order to show cause from the Director
or his or her authorized designee that establishes a timely date and location
for an adjudicatory proceeding to be conducted pursuant to M.G.L. c. 30A, and
801 CMR 1.01:
Formal Rules to adjudicate whether the permit should be
revoked. The Division's order shall also inform the permit holder of his or her
right to request an expedited hearing.
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