Issuance of Annual License; Denials; Appeals

(1) License Requirements. (a) No person shall operate, arrange for, cause to be used, manufacture or sell for use in the Commonwealth, any Tramway that is not in compliance with 526 CMR 10.00. (b) No Tramway shall be operated without a valid License. (2) Applications. The Ski Area Operator shall submit a License Application at least 30 days prior to commencing operations each year on a form supplied by the Board. A License shall be valid until December 1st of the following winter sports season (that is, a License issued December 1, 2024 expires on December 1, 2025, and a License issued March 1, 2025 also expires on December 1, 2025), or until the expiration, revocation or suspension of the License or insurance certificate, whichever occurs sooner. (3) Approvals. (a) Prior to any Tramway being licensed in the Commonwealth, the Ski Area Operator shall provide the following to the Board: 1. Completed License Application; 2. Certified Inspector's report; 3. PTO Affidavit, if applicable; 4. Certificate of insurance demonstrating compliance with 526 CMR 10.02(2); 5. Fee as set forth by the Commissioner of Administration and Finance (801 CMR 4.02(526)); 6. NDT Report; and 7. Wire rope inspection report. (b) Upon approval, the Board shall issue a License to the Ski Area Operator for the Tramway(s) identified in the License Application. (4) Inspector and Police Admission to Ski Areas. As a condition of the License, Ski Area Operators shall grant unlimited access to Ski Areas and Tramways licensed pursuant to 526 CMR l 0.00 to any law enforcement officials, fire officials or State Inspectors acting in the performance of their duties. (5) Denials. The Board may refuse to issue a License to an applicant for one or more of the following reasons: (a) Submission of an incomplete License Application; (b) Failure to submit required fees; (c) Submission of false, invalid, incorrect or fraudulent information; (d) If at the time of application, the applicant is under investigation by the Board or other law enforcement agency in connection with the operation of a Tramway; (e) If the Board finds that the applicant does not possess the integrity and general fitness to operate Tramways in a safe manner and in the public interest consistent with the purposes of 526 CMR 10.00; and (f) Failure to submit required insurance certificate in accordance with 526 CMR 10.02(2). (6) Appeals. (a) If the Board refuses to issue a License, it shall notify the applicant in writing, setting forth the reasons for denial. Except where the denial is for failure to pay fees in accordance with 526 CMR 10.02(1) or submit required insurance certificate in accordance with 526 CMR 10.02(2), within 21 days of receipt of the denial, the applicant may make written demand for a hearing before the Board, or its designee, to determine the reasonableness of the Board's action. The hearing shall be held promptly and in accordance with M.G.L. c. 30A and 801 CMR 1.02: Informal/Fair Hearing Rules. If the denial is for failure to pay fees or submit required insurance certificate, the applicant is not entitled to a hearing to determine the reasonableness of the denial, but may resubmit the License Application with the requisite fees and insurance certificate. (b) If, after a hearing, the Board or its designee denies the issuance of the License, it shall notify the applicant in writing. Such notice shall be sent by email or first class mail, no later than 30 days after the hearing is concluded, and shall contain the reasons for denial. Within 30 days after receipt of the notice, the applicant may appeal to Superior Court pursuant to M.G.L. c. 30A, § 14 or M.G.L. c. 143, § 71M.