Right to Request an Adjudicatory Hearing

(1) Any person who is aggrieved by a decision of the Department to reclassify a disposal site pursuant to 310 CMR 40.0583 to a Tier Classification category that is higher than the previous classification may request an adjudicatory hearing before the Department in accordance with 310 CMR 40.0050. (2) A request for adjudicatory hearing pursuant to 310 CMR 40.0585 shall: (a) comply with 310 CMR 40.0050 and 1.00: Adjudicatory Proceedings; and (b) state the reason(s) the decision to reclassify does not comply with 310 CMR 40.0000. (3) The adjudicatory hearing shall be limited to the issue of whether the Department’s decision to reclassify is in accordance with the criteria set forth in 310 CMR 40.0583(3).