958 C.M.R. 10.15 – Penalties

(1) The Commission may assess a civil penalty to a PIP Entity of not more than $500,000 if it finds that the PIP Entity has:
1. (a) Willfully neglected to file a Performance Improvement Plan, or a request for waiver, within 45 days of the PIP Notice, or within a time period approved through an extension request;
2. (b) Failed to file an acceptable Performance Improvement Plan in good faith with the Commission;
3. (c) Failed to implement an approved Performance Improvement Plan in good faith; or
4. (d) Knowingly failed to provide information to the Commission as required by M.G.L. c. 6D, § 10.
(2) The Commission shall determine whether to assess a penalty by vote of the Board.
(3) The Commission shall seek to promote compliance with 958 CMR 10.00 and shall only impose a civil penalty as a last resort.
(4) The Commission shall provide written notice to a PIP Entity of the amount of the penalty, the reason(s) for assessing the penalty, and the right to request a hearing.
(5) The Commission shall not assess a penalty unless the Commission, through the Executive Director, has first afforded the PIP Entity an opportunity for a hearing in accordance with M.G.L. c. 30A, § 10.
(6) After the hearing, the Commission shall render a written decision and may assess a civil penalty pursuant to 958 CMR 10.15(1).