Code of Massachusetts Regulations
520 CMR - DEPARTMENT OF PUBLIC SAFETY
Title 520 CMR 1.00 - Enforcement Of Civil Fines
Section 1.03 - Appeals

Universal Citation: 520 MA Code of Regs 520.1

Current through Register 1531, September 27, 2024

(1)520 CMR 1.03 establishes the appeal process for all fines assessed pursuant to 520 CMR 1.00.

(2) Notice. The Department shall provide written notice of alleged violation(s) and intent to impose administrative penalties to the violator on a Notice form authorized by the Department. The Notice shall specify:

(a) The provision(s) of the law or regulation with which there has been non-compliance;

(b) The amount that is to be assessed as a penalty for each alleged violation;

(c) The procedure for requesting a hearing as set forth in 520 CMR 1.03(3).

(3) Appeals. Warnings are not subject to appeal. A person aggrieved by the issuance of a fine may make written demand upon the Commissioner for an appeal hearing before the Commissioner or his or her designee. The hearing shall be held promptly and in accordance with M.G.L. c. 30A and 801 CMR 1.02: Informal/Fair Hearing Rules. A hearing officer shall have the duty to reach a fair, independent and impartial decision based upon the issues and evidence presented at the hearing and in accordance with the law. Any person aggrieved by a determination of the Department may appeal to the Superior Court in accordance with M.G.L. c. 30A, § 14.

(4) Fees. The Commissioner may assess a fee for appeals filed under 520 CMR 1.03, to be determined by the secretary of administration and finance under M.G.L. c. 7, § 3B.

(5) The failure to appeal within 120 days of the issuance of a fine constitutes a waiver of the right to appeal and all fines set forth in the notice shall be imposed.

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