Current through Register 1533, October 25, 2024
Section 13.18 - Waiver of Hearing(1) If the respondent desires to waive a hearing on the allegations set forth in the complaint or the amended complaint and not contest the proceeding, the answer to the complaint may consist of a statement that respondent refrains from contesting the proceedings or that respondent consents that the Department may make, enter and serve upon respondent an order to cease and desist from violations of M.G.L. c. 150E alleged in the complaint or that respondent admits all the allegations of the complaint. Either of the first two such answers shall have the same force and effect as if all the allegations of the complaint were admitted and, as in that case, shall be deemed by the Department to waive a hearing thereon and to authorize the Department, without a hearing, without evidence and without findings as to facts or other intervening procedure, to make, enter, issue and serve upon respondent an order to cease and desist from the violation of M.G.L. c. 150E charged in the complaint or to take such other action as provided in M.G.L. c. 150E.(2) If the respondent does not file an answer, the Department may proceed in a like manner.Adopted by Mass Register Issue 1322, eff. 9/23/2016.