Code of Massachusetts Regulations
520 CMR - DEPARTMENT OF PUBLIC SAFETY
Title 520 CMR 14.00 - Excavation And Trench Safety (jackie's Law)
Section 14.05 - Suspension and Revocation of Permits; Assessment of Fines; Immediate Shut-down; Appeals
Current through Register 1531, September 27, 2024
(1) Scope. 520 CMR 14.05 establishes the suspension and revocation procedures for all permits, establishes the penalty structure for the assessment of administrative penalties and sets forth the procedure for immediate shut down of the site.
(2) Revocation and Suspension of Permit by Permitting Authority. The permitting authority may, after a hearing, suspend or revoke a permit issued pursuant 520 CMR 14.03. All hearings under 520 CMR 14.05 shall be held in accordance with M.G.L. c. 30A and 801 CMR 1.02. Each permitting authority shall have the discretion to establish the grounds consistent with 520 CMR 14.00 for a suspension or revocation however such suspension or revocation shall not be imposed in a manner which directly, substantially or specifically regulates the occupational safety or health of any employee engaged in employment covered by the Federal Occupational Safety and Health Act.
(3) Assessment of Fines by the Department of Public Safety.
(4) The failure to make a timely request for a hearing shall constitute a waiver of the right to a hearing and imposition of the penalty set forth in the Notice. A hearing shall be commenced by the Department of Public Safety within a reasonable period after the request for a hearing has been received by the Department of Public Safety. Any person aggrieved by a determination of the Department of Public Safety may appeal to the Superior Court in accordance with M.G.L. c. 30A, §14.
(5) Immediate Shutdown by State or Local Authorities.
(6) Re-inspection Following Immediate Shutdown. The trench site shall remain closed until all necessary repairs and corrections have been made to the satisfaction of the authority responsible for the immediate shutdown, provided however, that the Department of Public Safety and Division of Occupational Safety shall have concurrent jurisdiction to authorize the reopening of a trench shut down by either agency. Reopening of the site may not occur until the site has been inspected by the authority ordering the immediate shutdown and found to be safe for reopening and operation; said inspection shall occur within two business days of written notification by the Excavator to the Permitting Authority that it has complied with all repairs and corrections ordered by the Permitting Authority.
(7) Appeal from Immediate Shutdown. Any person aggrieved by the decision by the Department of Public Safety, the Division of Occupational Safety, or the permitting authority to shut down a trench site pursuant to 520 CMR 14.05(5) may make an appeal for a hearing to the entity responsible for the immediate shutdown. The site shall remain shut down during the appeal period. Such appeal shall be made in writing within ten calendar days. Upon receipt of the appeal, a hearing shall be scheduled promptly. All hearings under 520 CMR 14.05(5) shall be held in accordance with M.G.L. c. 30A and 801 CMR 1.02. Any person aggrieved by a decision after hearing may appeal to the Superior Court in accordance with M.G.L. c. 30A, § 14.
(8) Serious Injury/Fatality; Notification; Investigation.