Governor Deval Patrick's Budget Recommendation - House 1 Fiscal Year 2012

Governor's Budget Recommendation FY 2012

Outside Section 16



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Civil Fines by Department of Public Safety

SECTION 16.   Chapter 22 of the General Laws is hereby amended by adding the following section:-

Section 21. (a) The commissioner or his designee may, as an alternative to initiating criminal proceedings, issue a written notice of violation, which shall be a written warning or citation to assess civil monetary fines of not more than $5,000, for violations of the following statutes or of regulations adopted under these statutes. In addition to the commissioner or his designee, the following individuals may also issue such warnings or citations:
(1) section 13A of this chapter: an inspector assigned to the building division or a designee of the Massachusetts architectural access board;
(2) section 1, 2 or 64 of chapter 105;
(3) section 205A of chapter 140: an inspector assigned to the building division or the engineering division of the department;
(4) section 3V, 9, 50 or 87A of chapter 143: an inspector assigned to the building division of the department;
(5) section 71 or 71D of chapter 143: an inspector assigned to the elevator division of the department;
(6) section 71K or 71N of chapter 143: a designee of the recreational tramway board;
(7) any of sections 5 to 41, inclusive, of sections 53 to 54A, of sections 70 to 80, or of section 89, of chapter 146: an inspector assigned to the engineering division of the department;
(8) section 57 or 60 of chapter 147;
(9) the regulations of the state building code governing licensing of construction supervisors under clause (i) of section 94 of chapter 143: an inspector assigned to the building division of the department.

(b) The commissioner may adopt regulations for the administration and enforcement of this section.

(c) The individual issuing the notice of violation shall indicate on the notice that it is for: (1) a written warning; (2) a violation of the specified statute in subsection (a); or (3) a violation of a specified regulation.

(d) A person who receives a notice of violation may appeal to a hearing officer designated by the secretary of public safety and security within 30 days after receipt of the notice. All appeal hearings shall be held in accordance with the standard rules governing informal adjudicatory proceedings adopted under section 9 of chapter 30A.

(e) A person who receives notice of a violation and fails to: (1) pay the fines assessed within 30 days after receipt of the notice; or (2) appeal within the 30 days; or (3) appear at a scheduled appeal hearing, shall be deemed responsible for the violation as stated in the notice. The finding of responsibility shall be admissible as evidence and considered prima facie evidence of responsibility for the violation in any civil proceeding regarding the violation, in any proceeding to suspend or revoke a license, permit or certificate, and in any criminal proceeding.
 
 

Summary:
This section allows the Department of Public Safety to issue civil fines of not more than $5,000, as an alternative to existing criminal penalties for violations of statutes and regulations that it enforces.



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