13- 188 C.M.R. ch. 7, § 35
If a municipality violates or fails to enforce any provision of Chapter 7 or of the approved Municipal Shellfish Conservation Ordinance, or fails to meet Shellfish Management Plan objectives, the Commissioner may revoke approval of the Municipal Shellfish conservation ordinance. Prior to such revocation, the Commissioner shall give written notice to the municipality of the violation or failure, by certified mail, and of the Department's intention to revoke its approval and the basis for the revocation. The municipality has 30 days to respond in writing as to how it may correct the violation or failure or may request a hearing on the matter in accordance with the following paragraph.
The Commissioner shall advise the municipality it has the right to request that an adjudicatory hearing be held before the Department in conformity with 5 M.R.S., Chapter 375 subchapter IV prior to a making a final decision whether to revoke approval. The hearing request must be in writing and must be received by the Department no later than 10 days after receipt by the municipality of the notice of the Commissioner's intent to revoke the approval of that municipality's shellfish conservation ordinance.
If the Commissioner revokes their approval, the Municipal Shellfish Conservation Ordinance shall, as of the date specified in the Commissioner's revocation notice, no longer be in effect and the area shall thereafter be governed by applicable state law and Department regulation.
13- 188 C.M.R. ch. 7, § 35