Current through 2024-51, December 18, 2024
Section 144-220-B-4 - Enforcement ActionsA. This Part describes the enforcement sanctions available to the Agency and specifies the conditions under which each may be used. The basic sanctions are notices of violation, civil penalties, and orders of various types. Additionally, related administrative mechanisms such as bulletins and confirmatory action letters, notices of nonconformance and notices of deviation are used to supplement the enforcement program.B. In selecting the enforcement sanctions to be applied, the Agency will consider enforcement actions taken by other State regulatory bodies having concurrent jurisdiction, such as in environmental or transportation matters. With very limited exceptions, whenever a violation of Agency requirements is identified, enforcement action is taken. The nature and extent of the enforcement action is intended to reflect the seriousness of the violation involved.C. For the vast majority of violations, action by the Agency is appropriate in the form of a notice of violation requiring a formal response from the recipients describing its corrective actions.D. In situations involving nonconformance on the part of a vendor, a Notice of Nonconformance will be issued.E. Elevated enforcement actions include civil penalties orders modifying, suspending or revoking licenses; or orders to cease and desist from designated activities.10- 144 C.M.R. ch. 220, § B-4