Civil Citations

(1) General. In addition to the penalties permitted by M.G.L. c. 111, § 197B; M.G.L. c. 140, §§ 46A through 46R; and M.G.L. c. 149, §§ 6, 6½ and 6A through 6F½, the Director or his or her representative may issue a Civil Citation for each Violation. Said Civil Citation may include an Order to correct the deficiency or infraction that resulted in the issuance of the Civil Citation, a Civil Penalty, or both. Said Civil Citation shall include: (a) A statement of the alleged act or omission for which the Civil Citation is issued; (b) Identification of the law, regulation or order that has not been complied with as a result of such alleged act or omission; (c) If a Civil Penalty is issued, the amount of the Civil Penalty for each alleged act or omission for which the Civil Penalty is assessed; (d) A statement that the person to whom the Civil Citation is issued has a right to appeal the Civil Citation through an adjudicatory hearing; (e) A statement that sets forth the actions that must be taken by the person to whom the Civil Citation is issued in order for said person to avoid being deemed to have waived his or her right to an adjudicatory hearing; and (f) If a Civil Penalty is assessed, a statement of how and when the Civil Penalty must be paid. (2) Maximum Amounts of Civil Penalties. The maximum amounts of Civil Penalties that may be assessed under 454 CMR 29.00 are: (a) A monetary penalty of not more than $1,000 may be issued for each Violation if: the person, firm, corporation or other entity has not previously been criminally convicted of a Violation of M.G.L. c. 111, § 197B; M.G.L. c. 140, §§ 46A through 46R; or M.G.L. c. 149, §§ 6A through 6F½; or has not previously been issued a Civil Citation pursuant to 454 CMR 29.00; and 2. the Director has determined that the person, firm, corporation or other entity lacked Specific Intent to violate M.G.L. c. 111, § 197B; M.G.L. c. 140, §§ 46A through 46R; or M.G.L. c. 149, §§ 6A through 6F½; or 454 CMR 29.00. (b) A monetary penalty of not more than $2,500 may be issued for each Violation if: the person, firm, corporation or other entity has not previously been criminally convicted of a Violation of M.G.L. c. 111, § 197B; M.G.L. c. 140, §§ 46A through 46R; or M.G.L. c. 149, §§ 6A through 6F½; or been issued a Civil Citation pursuant to 454 CMR 29.00; and the Director has determined that the person, firm, corporation, or other entity possessed a Specific Intent. (c) A monetary penalty of not more than $5,000 may be issued for each Violation if the person, firm, corporation or other entity has previously been criminally convicted of a Violation of M.G.L. c. 111, § 197B; M.G.L. c. 140, §§ 46A through 46R; or M.G.L. c. 149, §§ 6A through 6F½; or been issued a Civil Citation pursuant to 454 CMR 29.00. (d) A monetary penalty may be issued pursuant to M.G.L. c. 149 § 6 for violations of M.G.L. c. 149, § 6½, and 454 CMR 25.00. (3) Determination of the Amount of a Civil Penalty. In determining the amount of each CivilPenalty, the Department shall consider various factors including, but not limited to, the following: The actual and potential impact on public health, safety and welfare, and the environment of the failure to comply; (b) Whether the person, firm, corporation, or other entity being assessed the Civil Penalty took steps to prevent noncompliance, to promptly come into compliance and to remedy and mitigate whatever harm might have been done as a result of such noncompliance; (c) Whether the person, firm, corporation, or other entity being assessed the Civil Penalty has previously failed to comply with any regulation, order, license, or approval issued or adopted by the Department, or any law which the Department has authority or responsibility to enforce; (d) The deterrence of future noncompliance by the person, firm, corporation, or other entity, or by other such persons, firms, corporations or entities; (e) The financial condition of the person, firm, corporation, or other entity being assessed the civil penalty; and (f) The public interest. (4) Payment of a Civil Penalty. Payment of a Civil Penalty shall be made by certified check, cashier's check, money order, or credit card payable to the Commonwealth of Massachusetts. No other form of payment shall be accepted. Payment of Civil Penalties shall be made within 21 calendar days of the issuance of a Civil Citation, or if the Civil Citation is appealed, within 21 calendar days of settlement or final administrative or judicial adjudication of the appeal, whichever is later. (5) Consequence(s) of Failure to Comply with the Requirements of a Civil Citation. (a) If a person, firm, corporation, or other entity to whom a Civil Citation is issued fails to pay a Civil Penalty or otherwise fails to comply with the requirements set forth in a Civil Citation, the Department may order the cessation of all relevant activities of the person, firm, corporation, or other entity. Said Order shall be effective immediately upon service. (b) If a person, firm, corporation, or other entity to whom an Order has been issued pursuant to 454 CMR 29.04(5)(a) is also the holder of a License issued by the Department pursuant to M.G.L. c. 111, § 197B; M.G.L. c. 140, §§ 46A through 46R; or M.G.L. c. 149, §§ 6A through 6F½, the Director shall propose the suspension or revocation of the License at the same time the Order is issued and shall schedule an administrative hearing on said proposed suspension or revocation, within ten days after such Order is issued. Said administrative hearing shall be held in accordance with the requirements of M.G.L. c. 30A, §§ 8 through 13, and 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure. Any License suspension or revocation shall also apply to all affiliates of the person, firm, corporation, or other entity, as well as to any successor company or corporation that the Director, upon investigation, determines not to have true independent existence apart from that of the violating person, firm, corporation, or other entity. (c) No officer of any corporation, which has failed to pay a Civil Penalty issued pursuant to 454 CMR 29.04, shall incorporate or serve as an officer of any corporation which did not have a legal existence as of the date that the penalty became due and payable to the Commonwealth. (6) Appeals of Civil Citations, Orders and Penalties. Any person, firm, corporation or other entity aggrieved by a Civil Citation, Order, or Penalty issued pursuant 454 CMR 29.04 may request that an administrative hearing be held on the Civil Citation or Order by submitting a written request to the Director or his or her representative within 15 business days after the receipt of the Civil Citation or Order. All administrative hearings shall be held in accordance with the requirements of M.G.L. c. 30A, and 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure. Any person, firm, corporation or other entity aggrieved of the decision of such an administrative hearing may appeal said decision pursuant to the provisions of M.G.L. c. 30A, § 14. (7) Conditional Licenses, Consent Agreements, and Settlement Agreements. The Director may issue licenses to any person, firm, corporation or other entity, subject to conditions specified therein, or enter into consent agreements or settlement agreements with the holder of the license.