Authority to Suspend Permits for Violations of 322 CMR 16.00

(1) Subject to the procedures in 322 CMR 16.11(2)(b), the Director may suspend without a prior hearing the permit of a commercial fisherman, or a wholesale dealer whenever an officer authorized to investigate and enforce shellfish laws and regulations of the Commonwealth determines that there is reasonable cause for citing such permit holder for a violation of 322 CMR 16.00. (2) Such permit suspension shall not be effective until the permit holder is in receipt of following information. (a) The written report from the officer that sets forth the factual and regulatory basis for the officer's determination that there is reasonable cause for citing such permit holder for a violation of 322 CMR 16.00. (b) Written notice of the Division's authority under M.G.L. c. 130, § 80, and 322 CMR 16.10 to suspend the permit and a statement of the basis for such suspension, with reference to the enforcement officer's written report. (c) An order to show cause from the Director or his or her authorized designee that establishes a timely date and location for an adjudicatory proceeding to be conducted pursuant to M.G.L. c. 30A, and 801 CMR 1.01: Formal Rules to adjudicate whether the permit should be revoked. The Division's order shall also inform the permit holder of his or her right to request an expedited hearing.