Paying a Civil Administrative Penalty

(1) How Payment Shall Be Made. Each Penalty shall be paid by certified check, cashier's check, or money order payable to the order of the CommonwealthofMassachusetts. No other form of payment shall be accepted. (2) When Payment Shall Be Made. (a) Except as provided in 310 CMR 5.37(2)(b), each Penalty shall be paid in full as follows: 1. If the person assessed the Penalty waives the right to an adjudicatory hearing pursuant to 310 CMR 5.35, the Penalty shall be due, and shall be paid in full, when such waiver takes effect, i.e. no later than 21 days after the date of issuance of the Penalty Assessment Notice [see 310 CMR 5.08]. 2. If the person assessed the Penalty files the statement required pursuant to 310 CMR 5.35, and ifthesubsequentadjudicatory proceeding is ended by a written agreement pursuant to 310 CMR5.36(5)(a), the Penalty shall be due, and shall be paid in full, no later than21 days after the date the Commissioner of the Department approves said agreement in writing. 3. If the person assessed the Penalty files the statement required pursuant to 310 CMR 5.35, and if the subsequent adjudicatory proceeding isended bya final decision approved and signed by the Commissioner of the Department [see 310 CMR 5.36(5)(b)], and if a Penalty is assessed pursuant to said final decision, and if a civil action for judicial review is not commenced, pursuant to M.G.L. c. 30A, within 30 days of the date said final decision is approved and signed by the Commissioner of the Department, the Penalty shall be due, and shall be paid in full, no later than 30 days after the date the Commissioner of the Department approves and signs said final decision. 4. If the person assessed the Penalty files the statement required pursuant to 310 CMR 5.35, and ifthe subsequentadjudicatoryproceeding is ended by a final decision approved and signed by the Commissioner of the Department [see 310 CMR 5.36(5)(b)], and if a Penalty is assessed pursuant to said final decision, and if a civil action for judicialreviewis commenced, pursuant to M.G.L. c. 30A, within 30 days of the date said final decision is approved and signed by the Commissioner of the Department, and if the Court upholds the assessment of the Penalty in whole or in part, the Penalty shall be due, and shall be paid in full, no later than 21 days after the date of the Court's decision, or by such other deadline as the Court may prescribe. (b) The Department may authorize payment of a civil administrative penalty at a time or times later than those prescribed pursuant to 310 CMR 5.37(2)(a). No such authorization shall be valid unless made expressly and in writing. In the absence of any such express written authorization, the provisions of 310 CMR 5.37(2)(a) shallapply. Ifthe Department gives any such express written authorization, the civil administrative penalty shall be paid in full at the time or times specified therein. (3) Consequences ofFailure to Make Payment When Due. Each person who fails to pay a Penalty in full and on time in compliance with 310 CMR 5.37(2) shall be liable to the Commonwealth for up to three times the amount of the Penalty, together with costs, plus interest from the time the Penalty became final, and attorneys' fees, including all costs and attorneys' fees incurred directly in the collection thereof. This is in addition to any other remedy authorized by any Requirement.