Conducting the Adjudicatory Hearing

(1) Every adjudicatory hearing conducted pursuant to M.G.L. c. 21A, § 16 and/or § 19G and 309 CMR 8.17 shall be conducted in accordance with all applicable provisions of M.G.L. c. 30A and 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure, provided that to the extent such provisions are inconsistent with M.G.L. c. 21A, § 16 and/or § 19G, and 309 CMR 8.17, the provisions of M.G.L. c. 21A, § 16 and/or § 19G, and 309 CMR 8.17 shall apply. (2) The Board shall not be required to prove the occurrence of the act(s) or omission(s) alleged by the Board in the Penalty Assessment Notice and not denied in the statement filed pursuant to 309 CMR 8.16 (as may be amended in accordance with 801 CMR 1.01(6)(g)). (3) If, in the statement filed pursuant to 309 CMR 8.16, the person who would be assessed the penalty denies the occurrence of the act(s) or omission(s) alleged by the Board in the Penalty Assessment Notice, the Board shall, by a preponderance of the evidence, prove the occurrence of the act(s) or omission(s) denied in said statement. (4) If the person assessed the penalty files the statement required pursuant to 309 CMR 8.16, the subsequent adjudicatory proceeding shall be ended either by: (a) a written agreement, which shall take effect only upon written approval by a majority of Board members; or (b) a final decision, which shall take effect only upon written approval by a majority of Board members.