Section 4.39 - Certification(1) In determining whether at least 50% of the employees of the facility or facilities have been or will be permanently separated within a specified period, such period will include the date of certification.(2) Any certification shall remain in effect from the date of certification through the subsequent 90 day period or through the anticipated separation completion date as scheduled by the employer at the time of certification, whichever is longer. At the discretion of the commissioner, the certification period may be extended for an additional 90 days or through the anticipated separation date as revised by the employer, and approved by the commissioner, whichever is longer.(3) A finding made by the commissioner or his representative that a plant closing has or will occur shall, along with any supporting documents, become part of the record in any proceeding under M.G.L. c. 151A, §§ 39(b), 41, and 42 and shall be prima facie evidence in such proceeding that plant closing has or will occur.(4) Whenever an employer is requested to furnish information necessary to determine whether a plant closing has occurred, such information shall be furnished within ten days of the date of request.(5) Whenever an employer has failed to provide the requested information within the time period prescribed by 430 CMR 4.39(4), the commissioner shall determine whether a plant closing has occurred on the basis of information furnished by the employee supplemented by such other information as may be available and satisfactory to the commissioner.