Current through 2024-51, December 18, 2024
Section 144-224-C-2 - ENFORCEMENT CONFERENCESA. Whenever the Department has learned of the existence of a potential violation for which a civil penalty or criminal action may be warranted, the Department will conduct an enforcement conference with the licensee prior to taking enforcement action, unless the Department determines that the severity of the potential violation warrants escalating enforcement action. The purpose of the enforcement conference is to: 1. Discuss the violations or nonconformance, their significance and causes, and the registrant's corrective actions.2. Determine whether there are any aggravating or mitigating circumstances, and3. Obtain other information which will help determine the appropriate enforcement action.B. During the enforcement conference, the registrant will be given an opportunity to explain to the Department what corrective actions were taken or will be taken following discovery of the potential violation or nonconformance.C. When needed to protect the public health and safety, escalated enforcement action, such as the issuance of an order suspending or revoking a registration, will be taken prior to the enforcement conference. In such cases, an enforcement conference may be held after the escalated enforcement action is taken.D. Following the enforcement conference, the Department shall issue a notice of violation or a letter indicating the potential violation has been resolved.10- 144 C.M.R. ch. 224, § C-2