A public hearing will be held on Tuesday, April 23, 2013, at 10am at One Ashburton Place, Ashburton Café, Boston, MA regarding the regulations for two new laws. The first law authorizes the Department to assess civil fines of up to $5,000 as an alternative to initiating criminal proceedings for violations of certain statutes and regulations enforced by the Department. The second law imposes a $100/day fine for the owner of an elevator for every day that the elevator is operated beyond its expiration date.

The Department created a new regulation, 520 CMR 1.00, to establish reasonable standards for the issuance of these monetary fines by authorized personnel of the Department. Tickets will be issued by authorized individuals and will identify whether it is a warning or a violation as well as what specific statute or regulation has been violated.

The regulation outlines the factors that will be used in determining the amount of a fine. Fines will be assessed on the following scale: a warning or a fine of up to $1,000 per violation will be issued for a first offense; a fine ranging from $1,000 to $3,000 per violation will be issued for a second offense; and a fine ranging from $3,000 to $5,000 per violation will be issued for third and subsequent offenses.

Pursuant to the regulation, the Department will also be assessing a fine of $100 per day to elevator owners for every day that a unit is operated beyond its expiration date. The fines will stop accruing upon receipt of an application for inspection. The maximum fine for a unit that has a travel distance of 25 feet or less and is located in a single-family owner-occupied residence in accordance with M.G.L. c. 143 § 64 is $5,000. For all other units, the maximum fine is $20,000.

Additionally, the proposed regulation establishes an appeal process for all fines assessed.   back...
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