06- 096 C.M.R. ch. 872, § 13

Current through 2024-51, December 18, 2024

Section 096-872-13 - Final decision; appeal

As expeditiously as possible following the receipt and consideration of any written comments on a draft decision, the commissioner shall:

A. Grant the exemption request, with or without conditions, and set forth written findings with sufficient explanation to make interested persons aware of the basis for the commissioner's determination that the applicant has met one of the criteria for exemption and, if applicable, that a system exists for the proper collection, transportation and processing of the mercury-added product at the end of its life; or

B. Deny the exemption request and set forth written findings that explain the basis for denial.

The decision may be appealed to the Board of Environmental Protection as provided under Chapter 2 of the department rules. See Rules Concerning the Processing of Applications and Other Administrative Matters, 06-096 CMR, chapter 2. The department shall mail a copy of the commissioner's final decision to the applicant and to any person who commented in writing on the draft decision. The applicant's copy must be sent by certified mail, return receipt requested. Each copy of the decision must be accompanied by a plain statement of the manner in which the decision may be appealed.

06- 096 C.M.R. ch. 872, § 13