Section 26.11 - Inspection and Noncompliance(1)Inspection. (a)Document Inspection. The Department may audit the accuracy of all information submitted pursuant to 225 CMR 26.00. As a condition of participating in the MOR-EV rebate process, including Applicants and Participating Dealers, parties agree to provide the Department any information that the Department determines necessary to monitor compliance with and enforcement of 225 CMR 26.00.(b)Audit and Site Inspection. Upon reasonable notice to an Applicant, Vehicle End User, Participating Dealership, Licensed Dealership, or other entity that participates in the MOR-EV Program, the Department may conduct audits, which may include inspection and copying of records and/or site visits to a dealership, including, but not limited to, all files and documents that the Department determines are related to compliance with 225 CMR 26.00.(2)Noncompliance. Any Applicant, Vehicle End User, Licensed Dealership, or Participating Dealership that fails to comply with the requirements of 225 CMR 26.00 may be subject to the provisions in 225 CMR 26.11(2)(a) through (e). (a)Return of Rebate. A failure to substantially comply with the requirements of 225 CMR 26.00 shall be determined by the Department on a case-by-case basis. An Applicant that fails to substantially comply with these requirements may be required to forfeit the rebate, rebate adder, or other funds provided under the MOR-EV Program, in full or in part, in an amount to be determined by the Department up to the amount received under the MOR-EV Program.(b)Notice of Noncompliance. A failure to substantially comply with the requirements of 225 CMR 26.00 shall be determined by the Department on a case-by-case basis. A written Notice of Noncompliance shall be prepared and delivered by the Department to any individual, corporation, or non-profit Applicant, Vehicle End User, Licensed Dealership, Participating Dealership, or other entity that participates in the MOR-EV Program that fails to comply with the requirements of 225 CMR 26.00. The Notice of Noncompliance shall describe the requirement(s) with which the Applicant or dealership failed to comply, the time period of such noncompliance, and the possible penalties for noncompliance.(c)Publication of Notice of Noncompliance. A Notice of Noncompliance may be published on the Department's website and in any other media deemed appropriate by the Department. Such publication may remain posted until the Applicant or dealership returns to compliance as determined by the Department.(d)Suspension or Revocation of Participation in MOR-EV. The Department may suspend or revoke a Participating Dealership's participation in the MOR-EV Program due to noncompliance with 225 CMR 26.00.(e)Future Participation in the MOR-EV Program. They Department may determine that an individual, Applicant, Vehicle End User, Participating Dealership, Licensed Dealership, or other entity involved with the MOR-EV Program may be suspended for a time or barred from participating in the MOR-EV Program due to noncompliance with 225 CMR 26.00.Adopted by Mass Register Issue 1503, eff. 8/8/2023 (EMERGENCY).Amended by Mass Register Issue 1507, eff. 10/27/2023.