Noncriminal Disposition

Pursuant to M.G.L. c. 40, § 21D, the Agency adopts 946 CMR 4.97 providing for the noncriminal disposition of violations of any provisions of 946 CMR 4.00, and permits any person taking cognizance of a violation of a specific part of 946 CMR 4.00 which he is empowered to enforce, as an alternative to initiating criminal proceedings to give to the offender the notice described in M.G.L. c. 40, § 21D and to follow the procedure set forth in 946 CMR 4.97. Without intending to limit the generality of the foregoing, it is the intention of 946 CMR 4.97 that the specific penalties as listed in 946 CMR 4.98 are to be included within the scope of 946 CMR 4.97, that the specific penalties as listed shall apply in such cases (except as otherwise provided by law) and that in addition to Police, who shall in all cases be considered enforcing persons for the purposes of 946 CMR 4.97, any person so authorized by the Agency, shall be enforcing persons for 947 CMR 4.97. Each day on which any violation exists shall be deemed to be a separate offense.