Hearings

(A) If the Commissioner determines that the plan of correction is inadequate to protect the health and well-being of a citizen of the Commonwealth, or if no plan of correction is received within the required time, he/she may cause a public hearing to be held. The notice of hearing shall be sent by the Department to the chief executive officer ofa municipalityor state agency not later than 21 days after the plan of correction is or should have been received by the Department. (B) At the hearing the executive officer(s) of the municipality or the appropriate state agencyor their designee(s) shall be given an opportunity to be heard and to show why the lockup should not be closed. (C) Within 14 days after the hearing, the Commissioner shall make a determination as to whether the subject lockup shall be closed and shall inform the municipality or state agency of his/her decision in writing. Ifclosure is ordered, the lockup shall remain closed until it is found to be in compliance with 105 CMR 470.000 and receives written notification from the Department to that effect.