16- 633 C.M.R. ch. 27, § 2

Current through 2024-51, December 18, 2024
Section 633-27-2 - Notice of Violation
1. If, based upon the information obtained from the investigation, the director determines that the complaint is or may be true and the violation is of sufficient gravity to warrant further action, the director may send the licensee a written notice of violation and proposed sanction.
2. The written notice of violation shall state the alleged violation, the statute or rule believed to have been violated, and the proposed resolution, and shall inform the licensee that the licensee has the right to request a hearing.
3. Service is complete upon mailing to the party or the party's attorney using the last known address, or upon in-hand delivery to the recipient or the recipient's office in accordance with 5 M.R.S. §9051(3).
4. The licensee must file a written request for hearing within thirty days of receipt of the notice of opportunity for hearing. The request is considered filed when received by the director. The Board may extend this period for good cause shown.
5. If the licensee makes a timely request for a hearing, that hearing shall be held in accordance with Section three of this rule.
6. A consent agreement reached by the director and the licensee following a notice of violation must be presented to the Board. The Board may approve or reject a consent agreement, or may recommend amended language.
7. Failure to make a timely request for hearing shall be a waiver of any right to a hearing and may result in the proposed action becoming final without further hearing, in accordance with 5 M.R.S. §9053(3), if the notice of violation informed the licensee of the possibility of default.

16- 633 C.M.R. ch. 27, § 2