Appeal Rights and Procedures

(1) Within 21 days of the date of issuance of the Department's decision pursuant to 310 CMR 50.53(5), 310 CMR 50.55(5), 310 CMR 50.58(5), or 310 CMR 50.59(1), an appellant may request, in writing, an adjudicatory hearing in accordance with M.G.L. c. 30A, 310 CMR 1.00, and 310 CMR 4.00. In an adjudicatory hearing, the appellant bears the burden of persuading the Department that its decision was in error. Each request for an adjudicatory hearing filed pursuant to 310 CMR 50.60 shall state all reasons why the appellant believes that the Department's decision is erroneous. If the Department does not receive the appellant's request within 21 days of the date of issuance of the Department's decision, the appellant shall be deemed to have waived his or her rights to an adjudicatory appeal. (2) If the Department denies an application for certification, the grounds upon which the appellant may claim that the Department's decision was in error shall be based on the information submitted to the Department by the applicant during the application process, and shall be limited to the following: (a) The applicant possesses the skills and knowledge required by 310 CMR 50.51. (b) The applicant possesses work experience required by 310 CMR 50.52. (c) The applicant satisfactorily completed the toxics use reduction planning program as required by 310 CMR 50.54. (d) The applicant possesses at least two years of work experience in toxics use reduction activities in accordance with 310 CMR 50.55. (e) The applicant's experience in toxics use reduction activities is related to the operations of the facility at which he or she seeks to certify a plan. (3) If an applicant is denied certification because he or she fails to obtain a passing score on the uniform certification examination, the procedures set forth in 310 CMR 50.61 shall apply.