Correction Orders

The Department may order any registrant pursuant to 105 CMR 802.510(2)(c) to correct a deficiency by issuing a correction order. Each correction order shall contain the following: (1) A description of the deficiency or deficiencies; (2) 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, the Department or its agent may suspend a registration effective immediately, provided the registrant affected shall be promptly afforded an opportunity for an adjudicatory proceeding pursuant to 105 CMR 802.600. (3) The provisions of the applicable statutes and regulations relied on in citing the deficiency. (4) Except for immediate suspension orders, an affected registrant may file a written request with the Department for administrative reconsideration of the order or any portion thereof within seven calendar days of the date of the correction order. 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 calendar days of the filing of the request shall be deemed a denial of the request. (5) If the Department makes a finding in writing that the registrant 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 affected registrant to file or amend a plan of correction set forth in 105 CMR 802.520.