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.