105 CMR 153.019 - Hearings: Scope of Review

(A) Determination of Suitability and Responsibility: Any hearing officer conducting a hearing hereunder shall determine the suitability or responsibility of any applicant or licensee on request, whether or not the applicant or licensee is licensed at the time the determination is made.

(B) If a hearing officer finds:

(1) that the applicant or licensee is unsuitable or not responsible under any single provision of 105 CMR 153.012(A); or

(2) that the applicant or licensee is unsuitable or not responsible under any combination of factors listed in 105 CMR 153.012(B); then the hearing officer shall uphold the decision of the Commissioner that the licensee is not suitable or responsible.

(C) If the hearing officer finds any single ground for denial of, revocation of or refusal to renew a license pursuant to 105 CMR 153.014, the hearing officer shall uphold the decision of the Commissioner to deny, revoke or refuse to renew the license.

Notes

105 CMR 153.019

Amended by Mass Register Issue 1303, eff. 1/1/2016. Amended by Mass Register Issue 1372, eff. 8/24/2018. Amended by Mass Register Issue 1479, eff. 9/30/2022.