Administrative License and Certification Actions – Denial, Revocation, Suspension or Refusal to

Renew a License or Certificate; Penalties (1) General Administrative Proceedings. The Director may deny, revoke, suspend or refuse to renew a license or certificate issued pursuant to 454 CMR 22.00 upon finding of sufficient cause. License or certificate applicants or holders shall be advised by the Director in writing of the proposed denial, revocation, suspension or refusal to renew and the reasons therefore. Said parties shall have the right to appeal the Director's determination through an administrative hearing in accordance with the provisions of M.G.L. c. 30A, and 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure by submitting to the Director a written request for such hearing within 14 calendar days of the date of the notice of such administrative action. (2) Sufficient Cause. The following shall be sufficient cause for the Director's denial, revocation, suspension or refusal to renew a license or certificate issued pursuant to 454 CMR 22.00: (a) False statements in the application; (b) Misrepresentation or falsification of documentation or information required to be submitted to the Director pursuant to any provisions of 454 CMR 22.00, 105 CMR 460.000: Lead Poisoning Prevention and Control and orders issued by the Director or the Director of CLPPP pursuant to the same; (c) Failure to comply with the applicable provisions of M.G.L. c. 149 or 111F; 454 CMR 22.00; M.G.L. c. 111, §§ 189A through 199B; 105 CMR 460.000: Lead Poisoning Prevention and Control; or rules or orders issued thereunder; (d) Failure to comply with laws, rules and regulations relating to occupational or public safety and health or to environmental protection; (e) Failure to maintain records required by 454 CMR 22.13 or make them available to the Director upon request; (f) In the case of Licensed Training Providers, or applicants for Licensed Training Provider status, the following shall also constitute sufficient cause: 1. Failure to demonstrate the ability to provide the training courses for which the applicant seeks to be certified in compliance with the requirements of 454 CMR 22.07; 2. Failure to maintain the standards of training or minimum instruction required by 454 CMR 22.07 and/or 22.08; 3. Failure to report to the Department any change in staff or program which deviates from the information contained in the application; or 4. Failure to comply with the requirements set forth in 454 CMR 22.07(6)(a) through (h) or any other applicable requirements of 454 CMR 22.00. (g) Any other cause affecting the responsibility of the License or Certificate holder which the Director determines to be of such serious and compelling nature as to warrant denial, suspension, revocation or refusal to renew. (3) Conditional Licenses, Consent Agreements, Settlement Agreements and Probation. The Director may issue licenses subject to conditions specified therein, enter into consent agreements or settlement agreements with the holder, or place the license holder on probation for sufficient cause. (4) Summary Suspension and Hearing. The Director may summarily suspend a license or certificate on an emergency basis, if, in his or her determination, the actions of the license or certificate holder show willful disregard for the health, safety or welfare of the public or workers or for the health of the environment. If a license or certificate is summarily suspended, the affected party may appeal the summary action in accordance with 454 CMR 22.15(1). If an appeal is filed, the matter shall be set down for hearing at the earliest possible time, and shall be considered in accordance with the provisions of M.G.L. c. 30A and 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure. At such hearing the Director must establish that the summary action is factually supported and that there is a substantial likelihood of sustaining the suspension in a full evidentiary hearing. The summary action shall continue against the affected party unless the hearing officer determines that the Director did not meet his or her burden under the standard specified herein. Summary suspensions may be issued in conjunction with license or certificate revocations or refusals to renew. (5) Penalties. Any entity or person who violates the provisions of 454 CMR 22.00 shall be subject to the administrative sanctions specified in 454 CMR 22.00 and any fines or penalties allowed pursuant to M.G.L. c. 111, § 197B(f) and M.G.L. c. 149, § 6. In addition to the actions the Director may take under 454 CMR 22.00, the Director may issue Civil Administrative Penalties pursuant to 454 CMR 29.00: Civil Administrative Penalties.