[ Text of section added by 2011, 68, Sec. 35 effective July 1, 2011 until July 1, 2013. Repealed by 2013, 38, Sec. 36A. See 2011, 69, Sec. 221 and 2013, 38, Sec. 219. See also, Section 21 added by 2011, 93, Sec. 8 effective July 1, 2011, below.]
Section 21. (a) The commissioner or his designee and such other person as may be specifically authorized may issue a written notice of violation, which shall be a written warning or a citation to assess civil monetary fines of not more than $5,000, for a violation of the following laws or of regulations adopted thereunder:
(1) section 13A; provided, however, that an inspector assigned to the building division or a designee of the architectural access board may also issue a warning or citation under this section;
(2) sections 1, 2 and 64 of chapter 105;
(3) section 205A of chapter 140; provided, however, that an inspector assigned to the building division or the engineering division of the department may also issue a warning or citation under this section;
(4) sections 3V, 9 and 50 of chapter 143; provided, however, that an inspector assigned to the building division of the department may also issue a warning or citation under these sections;
(5) sections 65, 71 and 71D of chapter 143; provided, however, that an inspector assigned to the elevator division of the department may also issue a warning or citation under this section;
(6) sections 71K and 71N of chapter 143; provided, however, that a designee of the recreational tramway board may also issue a warning or citation under these sections;
(7) sections 5 to 41, inclusive, sections 53 to 54A, inclusive, sections 70 to 80, inclusive, or section 89 of chapter 146; provided, however, that an inspector assigned to the engineering division of the department may also issue a warning or citation under these sections;
(8) the regulations of the state building code governing licensing of construction supervisors under section 94 of chapter 143; provided, however, that an inspector assigned to the building division of the department may also issue a warning or citation under such regulations; and
(9) sections 57 and 60 of chapter 147.
(b) The commissioner may adopt regulations for the administration and enforcement of this section.
(c) The individual issuing the written notice of violation shall indicate on the notice that it is for: (i) a written warning or a citation; and (ii) a violation of the specific law or regulation referenced in subsection (a).
(d) A person, firm or corporation who is issued a citation in a written notice of violation may appeal to a hearing officer designated by the secretary of public safety and security within 30 days after receipt of the notice. All appeal hearings shall be held in accordance with the standard rules governing informal adjudicatory proceedings adopted under section 9 of chapter 30A.
(e) A person, firm or corporation who is issued a citation in a written notice of a violation and who fails to: (i) pay the fines assessed within 30 days after receipt of the notice; (ii) appeal within the 30 days; or (iii) appear at a scheduled appeal hearing, shall be deemed responsible for the violation as stated in the notice. The finding of responsibility shall be admissible as prima facie evidence of responsibility for the violation in any civil proceeding regarding the violation, in any proceeding to suspend or revoke a license, permit or certificate and in any criminal proceeding.
Chapter 22: Section 21. Special commission to investigate and study improving information and resource sharing
[ Text of section added by 2011, 93, Sec. 8 effective July 1, 2011. See 2011, 93, Sec. 138. See also, Section 21 added by 2011, 68, Sec. 35 effective July 1, 2011, above.]
Section 21. There shall be a special commission established to investigate and study improving information and resource sharing among the office of probation, department of criminal justice information services, parole board, department of corrections, and all sheriffs in the commonwealth. The commission shall consist of the secretary of public safety and security or the secretary's designee, who shall serve as chair; the commissioner of probation or the commissioner's designee; commissioner of department of criminal justice information services or the commissioner's designee; the chair of the parole board or the chair's designee; the commissioner of correction or the commissioner's designee; the commissioner of youth services, or the commissioner's designee; and the president of the Massachusetts Sheriffs Association or the president's designee.
The investigation shall include, but not be limited to:
(a) identifying and eliminating redundant and duplicative practices, while promoting public safety and cost-effectiveness;
(b) developing a common risk and needs assessment tool for supervised individuals, to be used by the office of probation, trial court office of community supervision, parole board, department of corrections and sheriffs;
(c) developing policies and protocols for individuals who have been sentenced to supervision under more than one of the agencies or departments concurrently to ensure that said supervision is meted in an orderly and effective manner for those individuals who are subject to dual supervision;
(d) establishing procedures for the sharing of information on supervised individuals, including procedure for addressing any privacy issues raised by the sharing of information between agencies; provided, however, that if the commission discovers legal impediments to sharing information between the organizations it shall draft and report legislative recommendations to address such impediments;
(e) investigating the creation of a common office of performance management to track the effectiveness and outcomes of programs used by the office of probation, trial court office of community supervision, parole board, department of corrections and sheriffs; and
(f) investigating the effectiveness of the office of community corrections, potential improvements to its function and organization, including the feasibility and advisability of relocating it to the executive office of public safety and security.
The commission shall annually report on its activities and on any findings and recommendations to the chairs of the joint committee on the judiciary, the chairs of the joint committee on public safety and homeland security and chairs of the senate and house committees on ways and means not later than December 31.
Section: Previous 10A 11 11A 11B 12 13 13A 14 15 15A to 15C 15D 16 to 19 20 21 22 NextLast modified: September 11, 2015