Decisions on Registration Applications

(1) Each application for registration shall be granted or denied by the director within 40 calendar days from the date of submission. Upon receipt of a complete application, the department shall review said application and supporting documentation. The department shall have the right to investigate and determine whether the PEO may be registered. In making such determinations, the department may utilize information from all sources legally available to it, including but not limited to, information provided by the applicant, information in the public domain and information supplied through government agencies, inspections, hearings, and testimony. (a) Approval of Application. Persons who submit registration applications which are approved by the director shall be notified in writing in the form of a certificate of registration. (b) Denial of Registration and Opportunity for Adjudicatory Hearing. If the director finds that the applicant does not meet the requirements for registration or that the applicant has provided incomplete, unclear, or untruthful information, or the applicant or authorized representative failed to appear at a hearing as required by the department, the application shall be denied and shall not be granted. (c) Issuance of Registration with Conditions. The director may register a PEO with conditions. Said conditions shall be clearly stated in the director's decision. (d) Failure to Uphold Registration Conditions. If a PEO fails to uphold the conditions of any registration, said PEO shall be suspended or revoked by the director, pursuant to 454 CMR 30.15. (e) Appeals. If the director denies an application for registration or grants a registration with conditions that are unacceptable to an applicant, said applicant shall have 30 calendar days from the date of the receipt of the director's decision to file an appeal, otherwise, the director's decision shall become final. In the case of a timely appeal, the applicant shall be afforded an administrative hearing in accordance with the Standard Adjudicatory Rules of Practice and Procedure, 801 CMR 1.01: Formal Rules, or as otherwise agreed by the parties. (f) Judicial Review. After the issuance of a decision following an administrative review, any person aggrieved by the final decision shall be entitled to a judicial review thereof in accordance with M.G.L. c. 30A, § 14.