Sanctions

By entering into an Oversight Services Contract or Employer-Employee Oversight Services Agreement, an Owner's Representative is subject to the following sanctions that may be imposed by the Inspector General pursuant to M.G.L. c. 30, § 39M½(m): (1) an Owner's Representative's acts of misfeasance, including, but not limited to, any reckless or negligent act that results in a violation of a federal or state law or regulation, or results in the failure of the Owner's Representative to carry out any duties required by M.G.L. c. 30, § 39M½ or 945 CMR 4.00, may result in termination of the Oversight Services Contract or Employer-Employee Oversight Services Agreement, referral to the appropriate state agency for the possible suspension of the Owner's Representative's professional engineering license, and the imposition of a fine not to exceed $5,000 per violation; (2) an Owner's Representative's acts of malfeasance, including, but not limited to, (a) any intentional or knowing misrepresentation, (b) any intentional or knowing false claim, or (c) any other intentional or knowing misconduct that results in a violation of a federal or state law or regulation may result in termination of the Oversight Services Contract or Employer-Employee Oversight Services Agreement, referral to the appropriate state agency for the possible suspension of the Owner's Representative's professional engineering license, the imposition of a fine not to exceed $10,000 per violation, and, if appropriate, referral for criminal prosecution; (3) an Owner's Representative's failure to adhere to the Oversight Services Contract, the Employer-Employee Oversight Services Agreement, or any related contract or agreement may result in termination of the Oversight Services Contract or Employer-Employee Oversight Services Agreement, referral to the appropriate state agency for the possible suspension of the Owner's Representative's professional engineering license, the imposition of a fine not to exceed $10,000 per violation, and, if appropriate, referral for criminal prosecution.