111 CMR 3.04 - Licensure

(1) Issuance. The Commission shall issue a license for an indefinite period of time but subject to suspension or revocation to each qualified applicant who has successfully completed the appropriate training program as required by the Director, which license shall specify whether the licensee is authorized to operate a vending machine stand and/or wet stand and/or dry stand and/or cafeteria. Upon the effective date of 111 CMR 3.00, the Commission shall issue a license to each person who has successfully completed the Program's training course.

(2) Suspension and Revocation.

(a) The Commission may suspend or revoke a license it has issued if, after affording the vendor an opportunity for a full evidentiary hearing pursuant to 111 CMR 1.00, it finds that the licensee:

1. operated a vending facility in violation of 111 CMR 3.04, the permit, or a vendor's agreement; or

2. is not blind; or

3. is not a United States citizen; or

4. failed to correct violations or to make adequate his or her performance score subsequent to a letter of warning issued pursuant to 111 CMR 3.12; or

5. received three or more letters of warning within a 12 month period pursuant to 111 CMR 3.12; or

6. put at serious and immediate risk the particular facility and/or the health, safety or well- being of any individual.

(b) License suspension shall last for a specified period of time and/or until the licensee performs a particular act: however in no event shall suspension exceed three years. During the suspension period, the individual may not operate a vending facility, submit a valid application for operation of a facility pursuant to 111 CMR 3.06, receive set aside funds pursuant to 111 CMR 3.08(9), become a member of the State Committee of Blind Vendors, vote in an election under 111 CMR 3.16, or accrue seniority. Previously accrued seniority shall not be lost by virtue of license suspension.

(3) Reissuance of Licenses. Any person whose license has been revoked may receive a new license if and only if the Commissioner finds that he or she is eligible for such reissuance, is a qualified applicant, and, as required by the Director, has successfully completed the Commission's training course (notwithstanding any prior completions of said course).

Notes

111 CMR 3.04