Q:  What is the Department of Public Safety’s new civil fine appeal fee?

A:  The civil fine appeal fee will be assessed for all appeals of civil fines that have been issued by the Department pursuant to M.G.L. c. 22 § and 520 CMR 1.00, et seq.

Q:  When will the Department begin assessing a fee for appeals of civil fines?

A:  The Department’s new civil fine appeal fee will go into effect on January 31, 2014.

Q:  What is the cost to appeal a civil fine?

A:  Each civil fine appeal must be accompanied by a $100 filing fee.  Payment must be made in the form of a check or money order made out to the Department of Public Safety.  Cash will not be accepted.

Q:  What can be appealed and how do I make an appeal?

A:  There are 2 separate categories of appeals.  Each has its own appeal form and procedure as detailed below.   The first category of appeals are for the daily $100/day fine imposed for elevators being operated after the expiration date of the certificate pursuant to 520 CMR 1.03.  The appeal form for this type of appeal may be found here pdf format of civil_fine_appeal_form_expired_certificates_jan14 .  The second category of appeals is for violation of certain Departmental statutes and violations pursuant to 520 CMR 1.02.  The appeals form for this type of appeal may be found here pdf format of civil_fine_appeal_form_jan14 .

Q: If I am appealing the issuance of a fine for the operation of an elevator after its expiration date, how many filing fees must I submit?

A:  Each elevator which is the subject of appeal constitutes a separate incident and is treated as a separate appeal.  Therefore, while you may list more than one elevator on the appeal form, you must submit the $100 fee for each elevator being appealed.  

Q: If I am appealing the issuance of a fine for multiple violations of Departmental regulations, how many filing fees must I submit?

A: A fee will be required for each separate incident, but not necessarily for each separate offense.  For example, if, as the result of one incident, you are cited for several violations, the filing fee would be $100.  If, however, you are cited for several separate incidents (for example on separate dates), then a filing fee is required for each separate incident.

Q:  Will my fee be refunded if I win my appeal?

A:  No, the fee is charged for the administration of the appeal process.  It will, therefore, not be refunded in the event you win your appeal on the merits.

Q:  Are there any circumstances under which my fee might be refunded?

A:  Yes.  For purposes of appeals made to expired elevator certificates only, if, after a hearing and/or as the result of administrative review, the Department determines that the fine resulted from a date in the Department’s database that was shown by a preponderance of evidence to be in error, your fee will be refunded.