310 CMR 50.53 - General Application Requirements and Procedures
(1) The Department may require applicants to
apply for certification on a form specified by the Department.
(2) The Department may certify an applicant
as a toxics use reduction planner for no more than two years. Toxics use
reduction planners seeking recertification shall apply for recertification in
accordance with
310 CMR
50.58. Failure to meet recertification
requirements shall constitute grounds for denial of an application.
(3) Upon submission of an application, each
applicant shall pay to the Department an application fee determined as follows:
(a) The fee for an applicant that applies for
certification pursuant to
310 CMR
50.54 and intends to certify plans for toxics
users other than his or her employer shall be $500.
(b) Applicants employed by any authority,
district, municipality, or political subdivision of the Commonwealth of
Massachusetts whose job duties are related to toxics use reduction shall be
exempt from paying the fee.
(c) The
fee for applicants other than those set forth in 310 CMR 50.53(3)(a) or (b)
shall be $100.
(4) The
schedule for timely action on an application shall be as set forth in 310 CMR
50.53(4). The schedule shall be applied in accordance with
310 CMR 4.00. As used in
310 CMR
50.00, the terms "administrative completeness review"
and "technical review" shall be defined and applied as set forth in
310 CMR 4.00.
(a) Within 30 days of receipt of an
application and payment of the application fee, the Department shall complete
an administrative completeness review.
(b) Within 180 days of making a determination
of administrative completeness, the Department shall complete a technical
review.
(5) Following
the technical review, the Department shall issue a written decision granting or
denying certification. A decision denying certification shall state the grounds
for denial. An applicant whose certification is denied may request an
adjudicatory hearing in accordance with M.G.L. c. 30A and
310 CMR
1.00,
310 CMR 4.00, and
310 CMR
50.60.
Notes
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