Conducting the Adjudicatory Hearing

(1) Every adjudicatory hearing conducted pursuant to M.G.L. c. 21A, § 16 and 310 CMR 5.00 shall be conducted in accordance with all applicable provisions of M.G.L. c. 30A and 310 CMR 1.00 (the Department's Rules for Adjudicatory Proceedings), provided that to the extent such provisions are inconsistent with M.G.L. c. 21A. § 16 and 310 CMR 5.00, the provisions of M.G.L. c. 21A, § 16 ans 310 CMR 5.00 shall apply. (2) The Department shall not be required to prove the occurrence of the act(s) or omission(s) alleged by the Department in the Penalty Assessment Notice and not denied in the statement filed pursuant to 310 CMR 5.35 (as may be amended in accordance with 310 CMR 1.01(6)(g)). (3) If, in the statement filed pursuant to 310 CMR 5.35, the person who would be assessed the Penalty denies the occurrence of the act(s) or omission(s) alleged by the Department in the Penalty Assessment Notice, the Department 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 310 CMR 5.35, the subsequent adjudicatory proceeding shall be ended either by: (a) a writtenagreement, whichshalltake effect only upon written approval by the Commissioner of the Department, or by (b) a final decision, which shall take effect only upon approval and signature by the Commissioner of the Department.