Current through 2024-51, December 18, 2024
Section 144-220-B-3 - Enforcement ConferencesA. Whenever the Agency has learned of the existence of a potential violation for which a civil penalty or other escalated enforcement action may be warranted, or recurring nonconformance on the part of a vendor, the Agency will normally hold an enforcement conference with the licensee or vendor prior to taking enforcement action. The Agency may also elect to hold an enforcement conference for other violations, e.g. Severity Level IV violation, which, if repeated, could lead to escalated enforcement action. The purpose of the enforcement conference is to (1) Discuss the violations or nonconformance, their significance and causes, and the licensee's or vendor's corrective actions,(2) Determine whether there are any aggravating or mitigating circumstances, and(3) Obtain other information which will help determine the appropriate enforcement action.B. In addition, during the enforcement conference, the licensee or vendor will be given an opportunity to explain to the Agency what corrective actions (if any) were taken or will be taken following discovery of the potential violation or nonconformance. Licensees or vendors will be told when a meeting is an enforcement conference.C. When needed to protect the public health and safety, escalated enforcement action, such as the issuance of an immediately effective order modifying, suspending, or revoking a license, will be taken prior to the enforcement conference. In such cases, an enforcement conference may be held after the escalated enforcement action is taken.10- 144 C.M.R. ch. 220, § B-3