(1) Within 14 calendar days of the completion of an initial medical examination by an attending physician of an employee, or any subsequent examination by such physician indicating a change in the capacity of an employee to work, the physician shall submit to the Department and to each party a medical report. No medical examination shall be deemed to have been completed until all tests ordered have been received by the physician. On the written request of a party, the Department shall send a notice to the physician to make immediate submission of a medical report. Each failure to submit a report within 14 days of receipt of a Departmental notice to submit shall be a separate violation and shall be punished by a fine of $25.00 provided that:
(a) No fine shall be levied against physicians employed by the United States Veterans Administration to the extent that such fine would conflict with federal law; and
(b) No fine shall be levied when compensation has been agreed to, the medical treatment is reasonable and necessary, but payments for the physician's services at reasonable rates in accordance with MGL c. 152, § 13, have not been made within 45 calendar days of the submission of a bill.
(2) On the written request of a party, the Department shall, on receipt of records kept or compiled under MGL c. 111, § 119, cause them to be impounded under seal apart from the main file, to be used only by the administrative judge or Reviewing Board in connection with a proceeding under MGL c. 152. Where such records become evidence in any proceeding, they shall be incorporated in the report by reference only, and in the event of certification under MGL c. 152, § 12, shall be certified and impounded under seal.
(3) Any physician aggrieved by the assessment of a penalty pursuant to MGL. c. 152, § 30A, who is aggrieved by any such assessment may seek an administrative review by the Director of Administration within 30 days of the issuance of the fine and shall include any relevant documentation with such request. Said director shall make a finding within 30 days of receipt of a documented request for review. A physician who is aggrieved by the finding of said director shall have 14 days from receipt of said finding to request a hearing before the Commissioner or his designee, who shall schedule such hearing in Boston within 30 days of receipt of such request. At the hearing, said physician shall be given the right to be represented by counsel, to call witnesses, and to question the Director of Administration. The hearing shall not be subject to rules of evidence.
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