License Renewal

(1) A licensed site professional must renew the LSP’s license every three years to maintain that license. Each license issued by the Board shall expire at the close of business on the expiration date assigned on the date of issuance unless it is renewed or extended by the Board. The initial expiration date assigned shall be the 30th of the month of January, April, July, or October three years from the date of issuance, whichever of said dates is or occurs soonest after three years from the date of issuance. As of June 30, 2002, the next license expiration date for each LSP whose existing license expiration date does not fall on a 30th of January, April, July, or October shall be extended to the 30th of January, April, July, or October, whichever date occurs soonest after each LSP’s existing license expiration date. (2) To apply to renew a license, a licensed site professional shall: (a) submit for approval to the Board prior to the date of expiration of the license a completed renewal application form setting forth such information as the Board may direct, including whether the licensee has since the licensee’s last LSP license renewal been disciplined by other professional licensing or professional certifying authorities and, if so, an explanation of the circumstances; (b) payin full thenonrefundable license renewalprocessingfee established bythe Secretary of Administration and Finance pursuant to M.G.L. c. 7, § 3B, and published in 801 CMR 4.00: Rates, via electronic payment, a check or money order made payable to the Commonwealth of Massachusetts; and (c) demonstrate to the Board's satisfaction that the licensee has fulfilled the continuing education requirements set forth in 309 CMR 3.09 or obtained a waiver of those requirements in accordance with 309 CMR 2.12: Petitions for Waivers. (3) A licensed site professional whose license has been suspended shall be subject to the following additional license renewal requirements: (a) If the licensee’s license expiration date has not been reached when the suspension period ends, the license expiration date does not change. The license renewal requirements remain as described in 309 CMR 3.06(2), except that the Board may, when issuing the suspension, require the licensee to obtain additional continuing education credits as a condition of license renewal. (b) If the licensee’s license expiration date would be reached before the suspension period ends, the license expiration date shall be extended to the end of the suspension period. The LSP must renew the license as a condition of having the license reinstated at the end of the suspension period. The Board shall not reinstate the license unless and until the licensee’s license has been renewed. The license renewal requirements remain as described in 309 CMR 3.06(2), with the following exceptions: 1. The Board may, when issuing the suspension, require the licensee to obtain additional continuing education credits as a condition of license renewal; 2. For each full year that the suspension extends beyond the LSP’s nominal renewal date, the minimum number of credits required in each credit category shall be increased automatically by a of the number specified in 309 CMR 3.09(3); 3. If the LSP renews a license and it is reinstated, the LSP’s next license expiration date shall be the 30th of January, April, July, or October three years thereafter, whichever of said dates occurs soonest after three years from the date the license was reinstated; and 4. If the LSP fails to renew a license within 90 days after the date the term of suspension was scheduled to end, the license shall lapse and may not be renewed thereafter. In such instances, the individual may reapply in the manner specified in 309 CMR 3.06(4)(b). (4) If a licensed site professional whose license is not suspended fails to renew the license in accordance with 309 CMR 3.06(2), the license shall lapse at the close of business on the date of expiration of the license. A person whose license has lapsed and not been renewed by the Board shall not act as, advertise as, hold themselves out to be, or represent themselves as being, a licensed site professional. A person whose license has lapsed may re-obtain a license to practice in the following manner: (a) A person whose license has lapsed may renew the license at any time during the following year by meeting all the renewal requirements set forth in 309 CMR 3.06(2), including the payment of the applicable license renewal processing fee. A license that is renewed during the year after it has lapsed shall run for three years from the 30th of January, April, July, or October, whichever date is or occurs soonest after the date the Board approves the license renewal. (b) A person who fails to renew a license within one year of the date of expiration of the license may thereafter reapply by submitting the following: 1. a limited licensure application in a form approved by the Board, and 2. the full application fee described in 309 CMR 2.08: Application Fee. If the application is approved, the applicant must pay a full examination fee and pass a licensing examination within the following two years to obtain a full license, and the applicant may not act as, advertise as, hold themselves out to be, or represent themselves as being, a licensed site professional until the applicant has passed an examination. (5) Notwithstanding 309 CMR 3.06(4), if at the time a licensed site professional must submit a renewal application form, the licensed site professional has obtained all but nine or fewer of the continuing education credits required to renew a license, the licensed site professional may apply to the Board for a 90-day extension of the license expiration date for the purpose of obtaining the additional required continuing education credits. (a) To apply for this 90-day extension, a licensed site professional must do both of the following prior to the date of expiration of the license: submit a completed renewal application form demonstrating that the licensed site professional has earned all but nine or fewer of the continuing education credits required to renew the license, and remit the required applicable license renewal processing fee. (b) After verifying that the licensed site professional has earned all but nine or fewer of the continuing education credits needed to renew the license and that the license renewal processing fee has been paid, the Board will notify the licensed site professional that the 90-day extension has been allowed and how to submit documentation of the additional required credits once obtained. At the time the licensed site professional submits documentation of having earned the additional required credits, the applicant must again pay a license renewal processing fee. A license that is renewed during the 90-day extension period shall be assigned the expiration date that would have been assigned if the applicant had renewed the license without requesting a 90-day extension. (c) Only one extension will be granted to each LSP at the end of each three-year licensure period. (d) If a licensed site professional who has been granted a 90-day extension fails to earn the additional required credits or fails to submit documentation thereof by the end of the extension period, the license shall lapse at the close of business on the last day of the extension period, and the late renewal and reapplication provisions of 309 CMR 3.06(4) shall apply; provided however, the one-year period for renewing the license without reapplying shall be deemed to have commenced on the original license expiration date and not at the end of the 90-day extension period. (e) No portion of the credits for a continuing education course required to fulfill the requirements of one renewal period may be carried over into the subsequent renewal period. (6) Notwithstanding 309 CMR 3.06(4), a licensed site professional who has submitted to the Board prior to the expiration of a license either a complete license renewal application or a complete application for a 90-day extension, has included the required documentation demonstrating that the applicant has fulfilled the applicable continuing education requirements, and has paid the proper renewal processing fee maycontinue to render waste site cleanup activity opinions until either: (a) the Board renews the license; or (b) the Board notifies such LSP that the application for license renewal or for a 90-day extension does not conform with the requirements set forth in 309 CMR 3.06 or, if a licensed site professional has a right to and requests an adjudicatory hearing, until the date the Board issues a final decision pursuant to that request. (7) The Board in its discretion may renew a license provisionally or subject to such conditions as the Board deems appropriate.