License Denials and Disciplinary Actions

(1) Denials of Licensure and Examination. (a) Denial. The Division may refuse to examine or license an applicant for the following reasons: 1. Submission of an incomplete license application. 2. Failure to submit the required fees. 3. Submission of false, invalid, incorrect or fraudulent information, 4. The applicant is not eligible for renewal or licensure. 5. Applicant does not meet the requirements for licensure under 528 CMR 11.00. 6. Failure of the examination administered by the Division. 7. A determination that the applicant does not possess the integrity and general fitness to work in a safe manner and in the public interest consistent with the purposes of 528 CMR 11.00 or other sufficient cause. (b) Appeals (other than contesting examination results). 1. If the Division refuses to examine or license the applicant it shall notify the applicant in writing setting forth the reasons for denial. 2. Within 21 days after receipt of the denial, the applicant may appeal the Division's decision by making written demand for a limited hearing. Said demand must set forth facts that refute the facts upon which the Division has based its decision. If the applicant meets this requirement, the Bureau, or such persons or entities as it so delegates, shall conduct a hearing in accordance with M.G.L. c. 30A. If the denial is for failure to pay a fee, the applicant is not entitled to a hearing, but may resubmit the license application with the requisite fees. 3. If, after conducting a limited hearing, the Bureau or its designee denies the appeal of the applicant, it shall notify the applicant in writing. Such notice shall be sent 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. (c) Appeals of examination results. Candidates who receive an unfavorable result on an examination may appeal that result subject to procedures and criteria set by the Commissioner. No further review of examination results shall be permitted. (2) Disciplinary Actions. (a) In addition to any fines/civil administrative penalties issued pursuant to M.G.L. c. 22, §22 or M.G.L. c. 112, §61 , or M.G.L. c. 146, § 89, a licensee may be reprimanded, placed on probation, suspended, or revoked by the Commissioner or their designee after a hearing is conducted pursuant to M.G.L. c. 30A, or if the public interest requires prior to an adjudicatory hearing, for any of the following reasons: 1. False or misleading information on the license application or license renewal; 2. Any violation of a provision of M.G.L. c. 146, §§ 81 through 89; 3. Any violation of a provision of 528 CMR; 4. Engaging in conduct which places into question the licensee's competence to practice the profession, such as working in an unsafe manner; 5. Engaging in dishonesty, fraud or deceit which is reasonably related to the practice of the profession, such as behavior that demonstrates untrustworthiness; 6. Practicing the profession beyond the authorized scope of the license held; 7. Practicing the profession while the licensee's ability to practice was impaired by alcohol or drugs; 8. The licensee has been convicted of a criminal offense which is reasonably related to the practice of the profession; 9. The licensee has permitted, aided, or abetted, an unauthorized person in performing activities requiring a license; 10. The licensee holds or has held a license, certificate, registration, or authority issued by another governmental authority which has been revoked, cancelled, suspended, not renewed, or otherwise disciplined. For purposes of this requirement, another government authority can include, but not be limited to, a state or territory of the United States, the District of Columbia, another Massachusetts governmental authority, or a foreign state or nation; or 11. Any other ground delineated in M.G.L. c. 112, §61. (b) Procedure for suspending a license prior to a hearing in the interest of public safety. Whenever the Commissioner or their designee suspends a license prior to an administrative hearing, he or she shall immediately notify the licensee in writing and provide a hearing date within ten days of said action. 2. Upon receipt of such notice, the licensee shall immediately return his or her license to the Division pending the outcome of the hearing. (c) Procedure for disciplining a license. 1. Whenever the Commissioner or their designee determines that disciplinary action may be taken against a licensee, he or she may hold a hearing relative to the license. 2. Hearings shall be conducted in accordance with M.G.L. c. 30A and, as determined by the Commissioner, 801 CMR 1.01: Formal Rules or 801 CMR 1.02: Informal/Fair Hearing Rules. 3. If the Licensee is aggrieved by a final decision disciplining a license, the licensee may, within the statutory 30 day deadline, appeal that decision pursuant to M.G.L. c. 30A, §14.