105 CMR 803.530 - Correction Orders

The Department may order any Certified Health Officer pursuant to 105 CMR 803.510(2)(c) to correct a deficiency by issuing a correction order. Each correction order shall contain the following:

(1) A description of the deficiency or deficiencies;

(2) The period within which the deficiency must be corrected, which shall be reasonable under the circumstances. In the case of a deficiency that endangers the public health or safety, the Department or its agent may suspend a certification effective immediately, provided the Certified Health Officer affected shall be promptly afforded an opportunity for an adjudicatory proceeding pursuant to 105 CMR 803.600.

(3) The provisions of the applicable statutes and regulations relied on in citing the deficiency.

(4) Except for immediate suspension orders, an affected Certified Health Officer may file a written request with the Department for administrative reconsideration of the order or any portion thereof within seven calendar days of the date of the correction order. Such request shall contain sufficient information to allow the Department to adequately reconsider the issuance of the order. Failure of the Department to act upon the written request within seven calendar days of the filing of the request shall be deemed a denial of the request.

(5) If the Department makes a finding in writing that the Certified Health Officer has made a good faith effort to correct the deficiency within the period prescribed for correction and that the correction cannot be completed by the prescribed date, the Department may permit the affected Certified Health Officer to file or amend a plan of correction set forth in 105 CMR 803.520.

Notes

105 CMR 803.530

Adopted by Mass Register Issue 1492, eff. 3/31/2023.