528 CMR 11.06 - License Denials, Suspension, Revocations and Appeals

(1) Denials for Examination.

(a) Denial. The Division may refuse to examine an applicant for the following reasons:

1.Submission of an incomplete license application.

2.Failure to submit the required fees.

3.Submission of false, invalid, incorrect or fraudulent information,

4.The applicant is not eligible for renewal or licensure.

5.Applicant does not meet the requirements for licensure under 528 CMR 11.00.

(b) Appeal.

1.If the Division refuses to examine the applicant it shall notify the applicant in writing setting forth the reasons for denial.

2.Within 21 days after the denial, the applicant may appeal the Division's decision by making written demand for a hearing before a Board of three District Engineering Inspectors, appointed by the Chief of Inspections - Mechanical. A hearing shall be heard promptly in accordance with M.G.L. c. 30A and 801 CMR 1.02: Informal/Fair Hearing Rules. If the denial is for failure to pay a fee, the applicant is not entitled to a hearing, but may resubmit the license application with the requisite fees.

3.If, after hearing, the Board denies the applicant the opportunity to take an examination, it shall notify the applicant in writing. Such notice shall be sent no later than 30 days after the hearing is concluded, and shall contain the reasons for denial. Within 30 days after receipt of the notice, the applicant may appeal to Superior Court pursuant to M.G.L. c. 30A, § 14.

(2) Denials of Licensure.

(a) Denial. The Division may refuse to issue a license to an applicant for the following reasons:

1.Submission of an incomplete license application.

2.Failure to submit the required fees.

3.Submission of false, invalid, incorrect or fraudulent information,

4.The applicant is not eligible for renewal or licensure.

5.Failure of the examination administered by the Division.

6.If the Division finds that the applicant does not posses the integrity and general fitness to work in a safe manner and in the public interest consistent with the purposes of 528 CMR 11.00 or other sufficient cause.

(b) Appeal.

1.If the Division refuses to issue a license the applicant it shall notify the applicant in writing setting forth the reasons for denial.

2.Within 21 days after the denial, the applicant may appeal the Division's decision by making written demand for a hearing before the Bureau. A hearing shall be heard promptly in accordance with M.G.L. c. 30A and 801 CMR 1.02: Informal/Fair Hearing Rules. If the denial is for failure to pay a fee, the applicant is not entitled to a hearing, but may resubmit the license application with the requisite fees.

3.If, after hearing, the Bureau refuses to issue a license, it shall notify the applicant in writing. Such notice shall be sent within a reasonable amount of time after the hearing is concluded, and shall contain the reasons for denial. Within 30 days after receipt of the notice, the applicant may appeal to Superior Court pursuant to M.G.L. c. 30A, § 14.

(3) Suspension or Revocations.

(a) A license may be suspended or revoked by a District Engineering Inspector in the Division after a hearing is conducted pursuant to M.G.L. c. 30A, or if the public interest requires prior to an adjudicatory hearing for any of the following reasons:

1.False or misleading information on the license application or license renewal.

2.Any violation of a provision of M.G.L. c. 146, §§ 81 through 89.

3.Any violation of a provision of 528 CMR.

4.Behavior that demonstrates incompetence.

5.Behavior that demonstrates untrustworthiness.

6.If the Inspector finds that the licensee did not or does not work in a safe manner and in the public interest consistent with the purposes of 528 CMR 11.00 or other sufficient cause.

(b) Procedure for suspending or revoking a license prior to a hearing in the interest of public safety.

1.Whenever a District Engineering Inspector suspends or revokes a license prior to an administrative hearing, he or she shall immediately notify the licensee in writing and provide a hearing date within ten days of said action.

2.Upon receipt of such notice, the licensee shall immediately return his or her license to the Department pending the outcome of the hearing.

(c) Procedure for suspending or revoking a license.

1.Whenever a District Engineering Inspector determines that administrative action may be taken against a licensee for any of the reasons set forth in 528 CMR 11.04(3)(a), he or she may hold a hearing relative to the license.

2.A hearing before the District Engineering Inspector shall be heard promptly in accordance with M.G.L. c. 30A and 801 CMR 1.02: Informal/Fair Hearing Rules.

3.The District Engineering Inspector must issue a final written decision containing the reasons for his or her decision and must be sent to the licensee via first class mail within a reasonable amount of time.

(d) Appeal.

1.To appeal the District Engineering Inspector's decision, the licensee must request an appeal hearing before a Board of three District Engineering Inspectors, appointed by Chief of Inspections - Mechanical, within ten days of the suspension or revocation of the license.

2.A hearing before the Board shall be heard promptly in accordance with M.G.L. c. 30A and 801 CMR 1.02: Informal/Fair Hearing Rules.

3.The Board may order any relief it deems appropriate and shall send a written decision containing the reasons for its decision to the licensee within a reasonable amount of time.

4.Within 30 days after receipt of the notice, the applicant may appeal the Board's decision to Superior Court pursuant to M.G.L. c 30A, § 14.

Notes

528 CMR 11.06

Adopted by Mass Register Issue 1275, eff. 12/5/2014.