Massachusetts § 80 - Violations; written notice of violation; appeals; penalties

§ 80. Violations; written notice of violation; appeals; penalties

Section 80. (a) Whoever violates any provision of sections 70 to 79, inclusive, or of the rules of the board, or that of the code which is appropriate to a boiler under the jurisdiction of the above sections, shall be punished by a fine of not more than $500, nor by less than $50, or by imprisonment for not more than 6 months, or both.

(b) The state fire marshal 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 sections 5 to 41, inclusive, section 46, sections 70 to 80, inclusive, or of regulations adopted thereunder; provided, however, that an inspector assigned to the division of inspection may also issue a warning or citation under these sections.

(i) The state fire marshal may adopt regulations for the administration and enforcement of this section.

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

(iii) 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 department of fire services 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.

(iv) A person, firm or corporation who is issued a citation in a written notice of a violation and who fails to: (1) pay the fines assessed within 30 days after receipt of the notice; (2) appeal within 30 days after receipt of the notice; or (3) 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.

(v) The state fire marshal 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.