310 Mass. Reg. 40.1140

Current through Register 1523, June 7, 2024
Section 40.1140 - Notice of Audit Findings
(1) Except with respect to an audit that consists solely of an examination of documents within the Department's records or in other public records, the Department shall issue a Notice of Audit Findings at the conclusion of an audit. Such notice shall include the following information:
(a) the name and location of the site;
(b) the Release Tracking Number(s);
(c) a statement as to the type of audit performed;
(d) a statement as to whether the Department, on the basis of the information reviewed during the audit and in reliance upon the accuracy of that information, identified any violations or deficiencies;
(e) an Interim Deadline by which violations and/or deficiencies shall be corrected;
(f) an Interim Deadline by which an Audit Follow-up Plan, if such a plan is required, shall be submitted; and
(g) any other information or request the Department deems appropriate.
(2) In the event the Department identifies violations of M.G.L. c. 21E, 310 CMR 40.0000 or any other applicable requirement during an audit, the Department may issue any of the following with a Notice of Audit Findings:
(a) a Notice of Noncompliance;
(b) a Notice of Intent to Assess a Civil Administrative Penalty;
(c) a Notice of Responsibility;
(d) a Notice of Response Action; and/or
(e) an order.
(3) The Department shall not be required to issue a Notice of Audit Findings to any person if the Department determines that such notice could jeopardize an enforcement action.

310 CMR 40.1140

Amended by Mass Register Issue 1503, eff. 3/1/2024.
Amended by Mass Register Issue S1516, eff. 3/1/2024.