Client Notification Requirements after Revocation or Suspension

(1) In every case where an LSP’s license has been revoked or suspended for a period of 90 days or more as a result of a disciplinary action, the LSP shall document to the Board, in the manner described below, that the LSP has notified the LSP’s current clients in writing that the LSP’s license has been revoked or suspended. The term “current clients” means all clients for whom the LSP is serving as an LSP-of-record or is otherwise engaged to provide Professional Services on the date of the revocation or suspension order. This documentation requirement also applies when an LSP’s license is suspended during the pendency of an adjudicatory proceeding pursuant to 309 CMR 7.09; however, if the LSP requests a hearing on the necessity of such action, this documentation requirement shall apply only after that hearing if the suspension order is reaffirmed. For LSPs whose license is suspended during the pendency of an adjudicatory proceeding, the term “current clients” means all clients for whom the LSP was serving as an LSP-of-record or was otherwise engaged to provide Professional Services on the date of the original immediate suspension order. (2) The Board shall provide written notification of this documentation requirement to each LSP to whom this documentation requirement applies. This notification shall accompany each final order of revocation, suspension of 90 days or more, or reaffirmation of a suspension order issued pursuant to 309 CMR 7.09. Upon receipt of this notification, the LSP shall take the following steps: (a) Within 14 days from the date of notification, the LSP shall notify all of the LSP’s current clients by certified mail, return receipt requested, that the LSP’s license has been revoked or suspended, whichever is the case, and that the LSP can no longer serve as the LSP for the client’s site or sites. (b) Within 21 days from the date of notification, the LSP shall submit a signed affidavit to the Board attesting that all the LSP’s current clients have been notified of the revocation or suspension. The LSP shall attach to the affidavit a copy of each notification sent to the LSP’s current clients and all return receipts or returned mail received up to the date of the affidavit. The LSP shall file supplemental affidavits covering subsequently received return receipts and returned mail. (3) Any LSP subject to the terms of 309 CMR 7.15 who fails to notify one or more of the LSP’s current clients shall be subject to any action allowed by law, including but not limited to a separate disciplinary proceeding and/or the assessment of an administrative penalty pursuant to 309 CMR 8.00: Administrative Penalty Regulations. It shall be considered to be a separate violation each time the LSP fails to notify one current client.