Assessment for a Deficiency

Pursuant to M.G.L. c. 111C, § 15, the Department may assess a person ordered to correct deficiencies, $500.00 per deficiency for each day the deficiency continues to exist beyond the date prescribed for correction in the correction order, as set forth in 105 CMR 170.720 or in such further extension as may be granted, as provided in 105 CMR 170.720(C)(2). (A) Notice and Opportunity for a Hearing. Pursuant to M.G.L. c. 111C, § 15(b), before making an assessment, the Department shall give the affected person notice of the assessment. The notice shall contain a description of the deficiency, the period for correction, and provision of the law and regulations relied upon. The affected person may file with the Department within 14 calendar days of receipt of notice a written request for an adjudicatory hearing. (B) Payment of the Assessment. If after hearing, or waiver thereof, the Department determines that it is appropriate to make an assessment, then, in accordance with M.G.L. c 111C, § 15(c), the assessment shall be due and payable to the Commonwealth on the 30th day after notification to the affected person. (C) Further Enforcement Procedures. By levying an assessment, the Department does not waive its right to invoke other enforcement procedures, such as modification of a license, as provided in 105 CMR 170.240, suspension of a license, certification or certificate of inspection, as provided in 105 CMR 170.750, or revocation or refusal to renew a license, certification or certificate of inspection, as provided in 105 CMR 170.760.