Correction Orders

The Department may order any person certified, licensed, designated or otherwise approved by the Department pursuant to M.G.L. c. 111C, to correct a deficiency by issuing a correction order. Pursuant to M.G.L. c. 111C, § 15, each correction order shall contain the following: (A) A description of the deficiency or deficiencies; (B) The period within which the deficiency must be corrected, which shall be reasonable under the circumstances. In the case of a deficiency that endangers the public health or safety, which is identified in the course of an inspection or investigation, the Department or its agent may suspend a certificate, license, designation or other form of approval effective immediately, provided that the person affected shall be promptly afforded an opportunity for a hearing pursuant to M.G.L. c. 111C, § 16; (C) The provisions of the law and regulations relied on in citing the deficiency. (1) With respect to orders other than immediate suspensions, within seven calendar days of receipt of the correction order, the affected person may file a written request with the Department for administrative reconsideration of the order or any portion thereof. Such request shall contain sufficient information to allow the Department to adequately reconsider the issuance of the order. Failure of the Department to act upon the written request within seven days of the filing of the request shall be deemed a denial of the request. (2) If the Department makes a finding in writing that the person has made a good faith effort to correct the deficiency within the period prescribed for correction and that the correction cannot be completed by the prescribed date, the Department may permit the person to file a plan of correction on a form provided by the Department. (3) In the event that a plan of correction is not approved by the Department, the Department shall set another date by which the correction shall be made. If the correction is not made by that date, then the Department may follow the procedure for assessment of a deficiency set forth in 105 CMR 170.730.