1. (1) Upon any violation of 333 CMR 14.00 the Department may assess a civil administrative penalty of up to $1,000 against any person or School administration who violates these requirements. Prior to assessment of the penalty, the Department shall provide written notice and an opportunity to correct the violation within 90 days of the issuance of the notice of violation. This penalty shall be assessed in addition to any other civil penalty otherwise provided for by law. Notice of assessment of a penalty pursuant to 333 CMR 14.11 shall be made by service in hand, or by certified mail, return receipt requested, and shall include the following information:

   1. (a) The amount of the administrative penalty;
   2. (b) The date the penalty shall be due;
   3. (c) A statement of the violator's right to an adjudicatory hearing pursuant to M.G.L. c. 30A regarding the assessment;
   4. (d) A statement of actions the person may take in order to avoid the assessment of the penalty or to avoid waiving the right to a hearing relative to the penalty; and
   5. (e) A statement of the manner of the acceptable form of payment if an election to waive a hearing is made.

REGULATORY AUTHORITY

333 CMR 14.00: M.G.L. c. 132B, §§ 2, 5A, 6B through 6J, 7A, 14A, and 16.