Waiver of Right to Adjudicatory Hearing

Whenever the Board seeks to assess a penalty on any person, such person shall be deemed, effective 21 days after the date of issuance of the Penalty Assessment Notice pursuant to 309 CMR 2.10, to have waived the right to an adjudicatory hearing unless, within 21 days of the date of issuance of the Penalty Assessment Notice, the Board receives from that person a written statement that does either or both of the following, and does so subject to and in compliance with applicable provisions of 801 CMR 1.00: (1) denies the occurrence of the act(s) or omission(s) alleged by the Board in the Penalty Assessment Notice; (2) asserts that the money amount of the proposed Penalty is excessive.