Complaint

(1) If, after investigation, there is probable cause to believe that the contested service fee is invalid under 456 CMR 17.02 or 17.04, or the amount of the service fee remains in dispute, the Department shall serve a written complaint upon the parties and shall conduct a hearing. The Department may decline to issue a complaint unless it is satisfied that the charging party has made reasonable efforts to resolve the matter. (2) If, after investigation, the Department declines to issue a complaint, it shall notify the parties in writing by a brief statement of the procedural or other ground for its determination. The charging party may obtain a review of the decision not to issue a complaint by filing a request for review with the Department in accordance with 456 CMR 15.05(9).