Enforcement

(1) Notwithstanding the provisions of 225 CMR 9.04, the Commissioner shall have authority to challenge the efficiency test results provided by the manufacturer and cause the appliance model or lamp to be retested. (2) The Commissioner may cause periodic inspections to be made of manufacturers, distributors or retailers of the new appliances covered by M.G.L. c. 25B, including appliances that have been or are to be installed by contractors or builders at building sites, in order to determine compliance with 225 CMR 9.00. (3) Except as expressly provided in the guidelines, any test ordered by the Commissioner would involve one unit selected by the Commissioner or his or her designee. (a) If the performance of the unit meets or exceeds the standard set forth in 225 CMR 9.00, no further action is necessary, and the Department of Energy Resources will pay the cost of testing. (b) If the performance of the unit does not meet or exceed the standard set forth in 225 CMR 9.00, the manufacturer must pay the cost of testing and, if the certification for that model has been suspended, take whatever steps are necessary to recertify the appliance at an efficiency rating equal to or exceeding the applicable standard according to the process outlined in the guidelines. (4) The Commissioner shall cause investigations to be made of complaints received concerning violations of M.G.L. c. 25B. All such complaints shall identify the complainant by name and address and should be in writing. The results of each investigation shall be reported to the complainant and to the attorney general. 225 CMR - 88.5