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
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