103 CMR, § 904.10

Current through Register 1536, December 6, 2024
Section 904.10 - Compliance Order
(1) The Commissioner shall make the final decision in any compliance proceeding.
(2) In cases where a compliance hearing has not been held, the Commissioner may, after review of the notice of non-compliance, the response thereto, and all other relevant materials, issue a written compliance order. The compliance order shall contain determinations of:
(a) instances of non-compliance;
(b) what steps need to be taken to secure compliance; and,
(c) what period of time shall be allowed for remedying all instances of non-compliance. The compliance order shall also contain all findings of fact and conclusions of law necessary to support its determinations. A copy of the compliance order shall be served upon the Sheriff/facility administrator, and if applicable, each other party to the proceedings and/or each attorney of record for a party.
(3) In cases where a compliance hearing has been held, the Commissioner shall, after review of the finding and report of the hearing officer and all other relevant materials, issue a written compliance order. The compliance order shall contain determinations of:
(a) instances of non-compliance;
(b) what steps need to be taken to secure compliance; and,
(c) what period of time shall be allowed for remedying all instances of non-compliance. The compliance order shall also contain all findings of fact and conclusions of law necessary to support its determinations. A copy of the compliance order shall be served upon the Sheriff/facility administrator, and if applicable each other party to the proceedings and/or each attorney of record for a party.

103 CMR, § 904.10