Current through Register 1518, March 29, 2024
(1) When a party petitions the Department to seek enforcement of any order issued by the Department, the party so requesting shall provide the Department the following information, in writing:
(a) The name and address of the party requesting enforcement;
(b) The name and address of the requesting party's attorney or representative, if any;
(c) The name and address of the party alleged to be in non-compliance with an order of the Department;
(d) The name and address of the alleged non-complying party's attorney or representative;
(e) The Department case number and text of the specific order or portion thereof which the requesting party claims has not been complied with; and
(f) A statement as to what facts cause the requesting party to believe that there has been non-compliance with the specific order described in 456 CMR 16.08(1)(e). Such statement shall be supported by affidavits made by individuals with personal knowledge, signed under the penalties of perjury.
(2) The party alleged to be in non-compliance with an order of the Department shall, within ten days of service of the request for enforcement, file a response, providing the Department with the following:
(a) A stipulation that the information in the request for enforcement is accurate; or
(b) If it is contended that the information is not accurate, an explanation of the nature of any alleged inaccuracy and the reasons therefor. Such reasons shall be supported by affidavits made by individuals with personal knowledge, signed under the penalties of perjury, specifying the steps taken to fully comply with the orders or portions thereof of the Department or any member or agent.
(3) The Department may institute enforcement proceedings in court if the party alleged to be in non-compliance:
(a) fails to respond to the request for enforcement;
(b) admits non-compliance; or
(c) provides insufficient information to warrant a conclusion that appropriate compliance has occurred.
(4) The Department may decline to institute enforcement proceedings, if the Department determines that:
(a) the party requesting compliance has failed to provide the information in 456 CMR 16.08(1);
(b) the party alleged to be in non-compliance has provided sufficient information to warrant a conclusion that appropriate compliance has occurred; or
(c) no further action is necessary.
(5) If the Department determines that there is a genuine dispute as to compliance, it may order that a hearing be held to determine whether compliance has occurred. At any hearing concerning the alleged non-compliance, the party required to comply with the Department's order shall have the burden of proving such compliance by a preponderance of the evidence. The provisions of 456 CMR 13.00: Conduct of Hearings shall govern the proceeding insofar as applicable.
(6)
(a) Upon determination that a party is in non-compliance with an order of the Department, the Department may institute appropriate proceedings for enforcement of the order.
(b) If the Department, after consideration of the evidence and arguments of the parties, determines that the purposes of M.G.L. c. 150E would not be effectuated by instituting proceedings for enforcement, it may decline to institute proceedings for enforcement and shall so notify the parties.
(7) The party requesting compliance may be required to provide the Department with assistance, including the furnishing of affidavits, witnesses and documents in preparation for an enforcement proceeding and may be required to bear the expenses associated therewith.
(8) If, following receipt of a final court judgment enforcing a Department order, the Department declines to seek execution of the court judgment, the Department's declination shall not preclude the party who desires such execution from seeking it independent of the Department.
