Hearings

(1) The person or persons to whom any order issued pursuant to 330 CMR 27.016(1) or (2) has been directed may request a hearing before the Department. (2) A request for a hearing may be made by the certificatee to the Department in writing or by telephone to a person authorized to schedule a hearing. (3) Upon receipt of a request for a hearing, the Department shall set a time and a place for such hearing and shall inform the petitioner thereof. Hearings may be requested for violations of 330 CMR 27.14 or 27.16(1) or (2) and shall normally be held within 72 hours of the request. However, upon application of the petitioner, the Department may postpone the date of the hearing for a reasonable time if in the judgment of the Department the petitioner has submitted a good and sufficient reason for such postponement. (4) At the hearing the petitioner shall be given an opportunity to be heard and to show why the order should be modified or withdrawn. Any oral testimony given at a hearing may be recorded verbatim. (5) After the hearing, the Department shall make a final decision based upon the complete hearing record, and shall inform the petitioner in writing of the decision. If the Department sustains or modifies an order, it shall be carried out within the time period allotted in the original order or in the modification. (6) Every notice, order, decision and other record prepared by the Department in connection with the hearing shall be entered as a matter of public record. (7) Any person aggrieved by the final decision of the Department may seek relief in a court of competent jurisdiction in the Commonwealth of Massachusetts.