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been revoked may receive a new license if and only if the Commissioner finds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
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