Current through Register 1536, December 6, 2024
Section 149.03 - Informal Review(1) An informal review shall be conducted by a hearing officer designated by the Department. The informal review shall consist of an informal conference, if the respondent has chosen this option under 220 CMR 149.02, or an analysis of the respondent's written reply.(2) At any informal conference, the respondent shall have the right to be represented by an attorney or other person. The respondent shall have the right to present relevant documents to the hearing officer. The hearing officer shall make available to the respondent any evidence in the Department's possession which indicates that the respondent may have violated M.G.L. c. 159A, M.G.L. c. 159B, or any regulation promulgated or order issued thereunder, and the respondent or his representative shall have the opportunity to rebut this evidence. However, this informal conference shall not be construed to be an adjudicatory proceeding as defined in M.G.L. c. 30A.(3) The hearing officer shall make a decision in writing. If the respondent is not satisfied with the decision, he may request an adjudicatory hearing, provided that the respondent makes such a request in writing within seven days of the date the decision is issued. Failure to request an adjudicatory hearing will be considered an admission of the factual allegations and legal conclusions stated in the hearing officer's decision, and the respondent shall be held liable to take the remedial action proposed in the NOPV through the issuance of a remedial order under 220 CMR 149.05.