Current through Register 1533, October 25, 2024
Section 149.05 - Remedial Orders(1) If the Department finds that a violation has occurred or is continuing to occur, it may issue a remedial order. The remedial order shall include a written opinion setting the factual and legal basis of the Department's findings and shall direct any party to take, or refrain from taking, any action, consistent with said party's obligations under M.G.L. c. 159A, M.G.L. c. 159B, or any regulation promulgated or order issued thereunder.(2) A remedial order issued by the Department under 209 CMR 149.05 shall be effective upon issuance, in accordance with its terms, unless stayed, suspended, modified or rescinded.(3) A remedial order is a final decision of the Commission within the meaning of M.G.L. c. 25, § 5, and thereby subject to review by the Supreme Judicial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 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.(5) The Department may waive the requirement for notice and hearing under 220 CMR 149.02 through 149.04 before issuing a remedial order pursuant to 220 CMR 149.05 when the Commission determines that failure to do so would result in serious harm to life or property. The Department shall include in any such order an opportunity for a hearing pursuant to 220 CMR 149.04, as soon as practicable after issuance of the order.