Revocation

At any time prior to a declaration by the Council, pursuant to 990 CMR 14.03, that a siting agreement is operative, the Council may revoke a determination that a proposal is feasible and deserving of state assistance. (1) Criteria. The Council shall revoke a determination that a proposal is feasible and deserving of state assistance only if one or more of the following is clearly established: (a) the developer knowingly and intentionally submitted false information in the Notice of Intent or knowingly and intentionally misrepresented or omitted information contained or required in the Notice of Intent or required by 990 CMR 5.00; (b) the developer submitted false information in the Notice of Intent or misrepresented or omitted information contained or required in the Notice of Intent or required by 990 CMR 5.00, and the Council, had it possessed the correct or complete information during its initial review, would not have deemed the proposal feasible and deserving of state assistance; (c) information is received concerning events or occurrences which would have been relevant to the initial review and determination by the Council but which occurred subsequent to that determination, and the Council, had the events or occurrences happened prior to its determination, would not have deemed the proposed project feasible and deserving of state assistance. (2) Procedure (a) Any written report of information which might result in the Council considering revocation and which is received by the Council staff, by any member of the Council or by the Department shall be submitted to the Executive Secretary, who shall inform the full Councilofits existence no later than its next regular meeting. The Council shall not be required to take any action with respect to such information at that meeting. (b) The Executive Secretary shall review suchinformation, and may request additional information from any source which may serve to establish the accuracy and potential impact of such information. Upon completion of said review, the Executive Secretary shall submit to the Council a recommendation as to whether the Council should consider revocation of the feasible and deserving determination. The Executive Secretary shall recommend that the Council consider revocation if the Executive Secretary finds that: 1. the information which has been received raises questions about the feasible and deserving determination which are serious enough to warrant consideration by the Council, 2. the source of the information appears to be reliable, and 3. it is probable that the information satisfies one or more of the criteria set forth in 990 CMR 5.07(1). Such a report should not be deemed to require or imply that the feasible and deserving determination should be revoked. (c) If the Council decides that it should consider revocation, notice ofsuchdecisionshallbe sent to the developer, the Notice of Intent Recipients, the local assessment committee and the person who originally submitted the information. The notice shall include a brief summary of the issues to be addressed by the Council in considering revocation, and the date, time and place of the meeting at which the Council shall discuss and vote on revocation. (d) At its next regular monthly meeting following the meeting at which the Council decided to consider revocation, the Council shall decide whether to revoke the feasible and deserving determination. Its decision shall be issued in accordance with 990 CMR 5.05(1) and the Standard AdjudicatoryRules of Practice and Procedure, Formal Rules, 801 CMR 1.00(6)(c), and a copy thereof shall also be sent to all Notice of Intent recipients. (3) Adjudicatory Hearing (a) In the event that the Council decides to revoke a feasible and deserving determination, the developer may request an adjudicatory hearing thereon. The hearing shall be conducted by a presiding officer appointed by the Council, and shall be open to the public. Except as otherwise required by 990 CMR 5.07, the adjudicatory proceeding shall be conducted in accordance with the standard Adjudicatory Rules of Practice and Procedure, Formal Rules, 801 CMR 1.01. (b) In addition to the requirements of 801 CMR 1.01(6)(a), any developer requesting an adjudicatory hearing shall send notice thereof by certified mail, return receipt requested, to the Notice of Intent Recipients, the local assessment committee and the person who originally submitted the information leading to the revocation decision. (c) Within 30 days of adjournment ofthe adjudicatory hearing, the presiding officer shall render a tentative decision pursuant to 801 CMR 1.01(10)(n)1. The presiding officer shall send copies thereof to the parties to the proceeding, the Notice of Intent Recipients and the local assessment committee, if any. (d) Within 45 days of the close of the period for filing objections to the tentative decision, as specified in 801 CMR 1.01(10)(n)1., the Council shall render its final decision pursuant to 801 CMR 1.01(10)(n)2.