Section 4.04 - Enforcement(1)Failure to make timely payment. Failure without just cause to pay any assessment when due pursuant to 345 CMR 4.03 shall constitute a violation of 345 CMR 4.00. Interest on the assessment shall accrue at 12% per annum on and after the due date of the assessment. The Board may cooperate with other agencies or take any steps authorized by law to achieve compliance with 345 CMR 4.00 including, but not limited to, the enforcement measures set forth in 345 CMR 4.04.(2)Notice of violation.(a) The Board shall give written notice to any licensee or registrant who violates the provisions of 345 CMR 4.03. The notice may be provided by mail or personal delivery to the correspondence address listed in the license or registration, to the address of the licensed or registered facility, or to any other correspondence address used by the licensee or registrant; or by any means provided for service of process; or by other means reasonably calculated to assure receipt by the licensee or registrant.(b) The written notice, at a minimum, shall:1. describe the violation;2. set a reasonable deadline by which the violator shall pay the assessment, plus interest as provided in 345 CMR 4.04(1);3. notify the violator that if the deadline for compliance is not met, the Board will assess civil penalties pursuant to 345 CMR 4.04(4); and4. notify the violator of the right to a hearing before being assessed civil penalties pursuant to 345 CMR 4.04(3).(3)Right to a hearing. Any licensee or registrant who is notified by the Board of a violation of 345 CMR 4.03 shall have the right to request a hearing before being assessed civil penalties pursuant to 345 CMR 4.04(4). Any violator who does not request a hearing in writing within 21 days of the issuance of notice of violation shall be deemed to have waived the right to a hearing.(4)Civil penalties. In addition to requiring a violator to pay the assessment amount determined to be due, the Board shall impose civil penalties on a violator, whether or not the violation was willful, after providing written notice and a hearing, if requested. The money amount of each penalty shall be determined by the Board in consideration of the following factors: (a) the willfulness of the violation;(b) the actual and potential cost to the Commonwealth of collecting the assessment and penalty to enforce such requirement;(c) whether the violator did everything reasonable to pay the assessment and to pay promptly after the notice of violation was issued;(d) whether the violator has previously failed to comply with any requirement of 345 CMR 4.00;(e) the financial condition of the violator; and(f) the goals of making compliance less costly than noncompliance, deterring future non compliance, and the public interest.The minimum money amount of each penalty shall be not less than the actual and potential cost to the Commonwealth of collecting the assessment and penalty, unless the violator shows, by clear and convincing evidence that such an amount would result in manifest injustice.
(5)Court action. In addition to assessing civil penalties pursuant to 345 CMR 4.04(4), the Board may also request the Attorney General to bring action in superior court to compel payment of assessments and penalties and immediate and full compliance with any order issued by the Board. The expense of such proceedings shall be recoverable from the violator in such manner as provided by law.