Section 99.12 - Remedial Orders(1) If the Department finds that a violation has occurred or is continuing, it may issue a remedial order. The remedial order shall include a written opinion setting forth the factual and legal basis of the Department's findings and shall direct any party to take any action which is consistent with said party's obligations under M.G.L. c. 82, §§ 40 through 40D, 220 CMR 99.00, 49 CFR 192.614, or 49 CFR Part 196, including the payment of a civil penalty.(2) A remedial order issued by the Department under 220 CMR 99.12 shall be effective upon issuance, in accordance with its terms, unless stayed, suspended, modified or rescinded.(3) A remedial order is a final decision of the Department within the meaning of M.G.L. c. 25, § 5, and thereby subject to review by the Supreme Judicial Court.(4) If the respondent fails either to appeal a remedial order to the Supreme Judicial Court pursuant to M.G.L. c. 25, § 5, or to comply fully with the order within 20 days, the Department may refer the case to the Attorney General with a request that an action be brought in the Superior Court to seek appropriate relief including, but not limited to, collection of assessed penalties.(5) The Department may, at its discretion, refer damage prevention matters to the Office of Public Safety and Inspections.Amended by Mass Register Issue 1402, eff. 10/18/2019.