Code of Massachusetts Regulations
521 CMR - Architectural Access Board
Title 521 CMR 2 - Purpose and Scope
Section 2.3 - VIOLATIONS
Current through Register 1531, September 27, 2024
521 CMR is deemed to be a specialized code as referred to in M.G.L. c. 143, § 96, the violation of which shall constitute gross negligence for the purpose of M.G.L. c. 112, § 60G, clause (d), and shall be subject to the additional powers granted to the Board by M.G.L. c. 22, § 13A.
2.3.1 The Board shall receive complaints of non-compliance with any rule or regulation from any person or may receive complaints initiated by its own staff. If the Board finds, after notice and opportunity for a hearing, that any person is not in compliance with any rule or regulation, it may issue an order to compel such compliance. Such order may specify the date and the manner by which such person shall cure the noncompliance found by the Board and may require that pending the cure of such noncompliance a performance bond be furnished, payable to the Commonwealth, in such penal sum as the Board finds reasonable.
2.3.2 In the event that a person fails to cure such noncompliance by the date specified in the Board's order, the Board shall be empowered, after further hearing, to impose a fine payable to the Commonwealth not to exceed $1,000 per day per violation for each day of noncompliance that the Board finds was without justification.
2.3.3 The Board shall also have the power, if it determines that such failure to cure noncompliance is without justification, to bring a complaint before any appropriate licensing or permit granting authority against the license or permit of such person.
2.3.4 The Board shall have the authority to issue subpoenas.
