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The 189th General Court of the Commonwealth of Massachusetts

Section 317: Standardized computation and testing procedures; reports

Section 317. The director may, in accordance with the provisions of chapter thirty A, adopt regulations for standardized computation procedures to be used to determine the information described in section three hundred and sixteen. The same computation procedures shall apply to each appliance in any subclass of appliances. Such procedures may provide for the computation of a range of annual energy costs as well as a single figure. The director may apply such computation procedures to any subclass of appliances for which there is available accurate and recent information concerning the efficiency of at least eighty per cent of the appliances in said subclass that are sold in the commonwealth. The director may prescribe standardized testing procedures for any appliances from such a subclass for which such information is not available. The same testing procedures shall apply to each such appliance in any subclass of appliances. He may require the deputy director or manufacturers, distributors or importers to test such appliances in accordance with said standardized testing procedures and to report the results to him in such manner and within such time as he shall determine.

If a manufacturer, distributor, or importer fails to report such test results as required by the director or if such results are determined by the deputy director to be false or misleading, the director may order the suspension of sales of the affected appliance within not fewer than five days. Any person aggrieved by such order may demand a hearing concerning such order, which hearing shall be conducted by the director or his designee within forty-five days of such demand in accordance with the provisions of chapter thirty A. If the director finds that the test results were not false or misleading, he shall rescind the order immediately. If a manufacturer, distributor, or importer reports to the director new test results which the director determines to be correct and complete, the director shall rescind the order within fourteen days from receipt of such report.