Massachusetts § 22 - Written notice of violation of certain laws and regulations; enforcement; contents; appeals

§ 22. Written notice of violation of certain laws and regulations; enforcement; contents; appeals

Section 22. (a) The commissioner of the division of occupational licensure may issue a written notice of violation, which shall be a written warning or a citation to assess civil monetary fines of not more than $5,000 for a violation of the following laws or of regulations adopted thereunder:

(1) section 13A; provided, however, that an inspector assigned to the building division of the office of public safety and inspections within the division of occupational licensure or a designee of the architectural access board may also issue a warning or citation under this section;

(2) sections 1, 2 and 64 of chapter 105;

(3) section 205A of chapter 140; provided, however, that an inspector assigned to the building division or the engineering division of the office of public safety and inspections of the division of occupational licensure may also issue a warning or citation under this section;

(4) sections 3V, 9 and 50 of chapter 143; provided, however, that an inspector assigned to the building division of the office of public safety and inspections of the division of occupational licensure may also issue a warning or citation under these sections;

(5) sections 65, 71 and 71D of chapter 143; provided, however, that an inspector assigned to the elevator division of the office of public safety and inspections of the division of the occupational licensure may also issue a warning or citation under this section;

(6) the regulations of the state building code governing licensing of construction supervisors under section 94 of chapter 143; provided, however, that an inspector assigned to the building division of the office of public safety and inspections of the division of the occupational licensure may also issue a warning or citation under such regulations;

(7) sections 53 to 54A, inclusive, or section 89 of chapter 146; provided, however, that an inspector assigned to the office of public safety and inspections of the division of the occupational licensure may also issue a warning or citation under these sections;

(8) sections 57 and 60 of chapter 147; and

(9) section 20.

(b) The commissioner may issue a written notice of violation, which shall be a written warning or a citation to assess civil monetary fines of not more than $1,000 for a violation of sections 71K and 71N of chapter 143; provided, however, that a designee of the recreational tramway board may also issue a warning or citation under said sections 71K and 71N.

(c) The commissioner may adopt regulations for the administration and enforcement of this section.

(d) The individual issuing the written notice of violation shall indicate on the notice that it is for: (i) a written warning or a citation; and (ii) a violation of the specific law or regulation referenced in subsection (a).

(e) A person, firm or corporation who is issued a citation in a written notice of violation may appeal to a hearing officer designated by the secretary of economic development within 30 days after receipt of the notice. All appeal hearings shall be held in accordance with the standard rules governing informal adjudicatory proceedings adopted pursuant to section 9 of chapter 30A.

(f) A person, firm or corporation who is issued a citation in a written notice of a violation and who fails to: (i) pay the fines assessed within 30 days after receipt of the notice; (ii) appeal within the 30 days; or (iii) appear at a scheduled appeal hearing, shall be deemed responsible for the violation as stated in the notice. The finding of responsibility shall be admissible as prima facie evidence of responsibility for the violation in any civil proceeding regarding the violation, in any proceeding to suspend or revoke a license, permit or certificate and in any criminal proceeding.

(g) The commissioner may assess a fee for appeals filed pursuant to this section, to be determined by the secretary of administration and finance pursuant to section 3B of chapter 7.