Section 16.02 - Assessment of Fines for Operation of Elevator Beyond Certificate Expiration Date(1)520 CMR 16.02 establishes the standards for the assessment of fines for operating an elevator after the expiration of its certificate in violation of M.G.L. c. 143, § 65.(2) No elevator shall be operated without a valid inspection certificate issued by the Department. An elevator shall be deemed to be operating for the purposes of 520 CMR 16.00 unless it has been placed out of service or decommissioned in accordance with a procedure approved by the Board.(3) The Department shall fine an owner or operator of an elevator for $100 per day that an elevator is in operation without a valid certificate.(4) Fines shall stop accruing on the date on which the Department receives a written request from the owner or operator for an inspection of the elevator by the Department, or on which the elevator has been placed out of service or decommissioned in accordance with a procedure approved by the Board, whichever comes first.(5) Upon application for an annual inspection, the owner or operator shall provide to the Department a current mailing address for the location of the elevator and a current mailing address for the owner of the elevator.(6)Maximum Fines. The maximum fines for all elevators shall be in accordance with M.G.L. c. 143, § 65.(7)Notice. The Commissioner or the Commissioner's designee, or another person as the Commissioner may specifically authorize, may issue a written notice of violation under M.G.L. c. 22, § 22 for a violation of 520 CMR 16.02. The notice shall specify: (a) The provision(s) of the law or regulation with which there has been non-compliance;(b) The amount that is being assessed as a penalty for each alleged violation;(c) The procedure for requesting an administrative review as set forth in 520 CMR 16.03.(8) Unless the violator requests an administrative review pursuant to 520 CMR 16.03(2), fines shall be due within 30 days of receipt of the notice of violation.(9)Failure to Pay Fines. If a violator fails to pay a fine issued pursuant to 520 CMR 16.02 or file an appeal requesting administrative review under 520 CMR 16.03(2) within 30 days of receipt of the notice of violation, the Department may shut down the elevator(s) pursuant to and as provided in the applicable provisions of 524 CMR pertaining to noncompliance with Department directives and violations of M.G.L. c. 143, §§ 62 through 71G, c. 22, § 22, 524 CMR: Board of Elevator Regulations and 520 CMR 16.00.Adopted by Mass Register Issue 1293, eff. 8/14/2015.Amended by Mass Register Issue 1325, eff. 11/4/2016.Amended by Mass Register Issue S1331, eff. 11/4/2016.