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Can you summarize MGL Chapter 149, Section 6F 1/2?
LABOR AND INDUSTRIES > Action for temporary restraining order or injunction against violations of Secs. 6A to 6E; enforcement
Short Summary
This section of the Massachusetts General Law, specifically Section 6F 1/2, grants the commissioner the authority to bring an action against a person, firm, corporation, or other entity that is engaging in or about to engage in a violation of sections 6A to 6E or any regulations under those sections. The action can be brought in the superior court of the county where the defendant resides or has their principal place of business, or in Suffolk county if the defendant has no place of business within the commonwealth. The court may issue temporary restraining orders or preliminary or permanent injunctions. Violation of an injunction can result in a civil penalty of up to $10,000 per violation. Additionally, the commissioner may issue written warnings or civil citations for violations, with a civil penalty of up to $5,000 per violation. The amount of the civil penalty is determined based on various factors, including the impact on public health and safety, compliance efforts, previous noncompliance, deterrence, financial condition, and public interest. For first-time offenders who lack specific intent to violate the law, the maximum civil penalty is $2,500 or $1,000, depending on the circumstances. The commissioner also has the power to order the cessation of relevant activities and schedule a hearing on license suspension or revocation for non-compliance. Appeals can be made within 10 days of receiving a citation or order, and Chapter 30A applies to such appeals. Officers of corporations that fail to pay civil penalties are prohibited from incorporating or serving as officers of new corporations. The commissioner is authorized to adopt regulations to implement this section.
Whom does it apply to?
Person, firm, corporation or other entity
What does it govern?
Temporary restraining order or injunction against violations of Secs. 6A to 6E
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
Civil penalty of not more than $10,000 for each violation; civil penalty of not more than $5,000 for each violation; maximum civil penalty of $2,500 for first-time offenders; maximum civil penalty of $1,000 for first-time offenders
Jurisdiction
Massachusetts