General Requirements and Procedures

(1) Any licensee or applicant who is unable to meet the medical qualification standards described in 540 CMR 24.00 is not eligible to obtain or hold a learner’s permit or license. That licensee or applicant is required to report his or her medical condition to the Medical Affairs Branch of the Registry and that licensee shall voluntarily surrender his or her license or the Registry shall suspend or revoke the license, until such time as the licensee can meet the medical qualification standards of 540 CMR 24.00. (2) Procedure. Upon Registry determination that an applicant or licensee is unable to meet the medical qualification standards of 540 CMR 24.00 or otherwise medically unfit to drive, the Registry shall deny the applicant a license or shall request that the licensee voluntarily surrender the license. (a) If an applicant is denied a license, he or she may seek an appeal before the Board of Appeals on Motor Vehicle Liability Policies and Bonds in accordance with the provisions of M.G.L. c. 90, § 28. (b) If a licensee is requested to voluntarily surrender the license, the Registry shall notify the licensee in writing that he or she has ten days from issuance of the letter to surrender the license. If the licensee does not voluntarily surrender the license, the Registry shall issue a notice to the licensee requesting that he or she attend a hearing on the matter. The licensee may bring legal representation and may present any and all written or oral testimony that he or she deems pertinent to said hearing. 1. The hearings officer shall enter a decision within ten days from the date of the hearing. Notice of the decision shall be issued to the licensee as of the date of entry of the decision. 2. If the licensee does not attend this hearing, the Registry shall conclude that the licensee has waived his or her right to a hearing and shall conclude that the licensee is unfit to operate a motor vehicle. That individual’s license shall accordingly be indefinitely revoked ten days from the date of the hearing. Notice of the decision shall be issued to the individual as of the date of entry of the decision. 3. If at any time thereafter, the individual wishes to seek reinstatement of his or her license privileges, he or she may request a hearing on the matter. 4. Any individual aggrieved by the decision may seek an appeal before the Board of Appeals on Motor Vehicle Liability Policies and Bonds in accordance with the provisions of M.G.L. c. 90, § 28. (3) Effect of Voluntary Surrender of License. Any licensee who elects to voluntarily surrender his or her license upon Registry request or of his or her own initiative shall have his or her license status placed on Medical Hold and shall be issued a Massachusetts identification card free of charge. If at such time the licensee wishes to resume driving, he or she must comply with the Registry’s medical clearance procedure which shall include submission of appropriate medical documentation indicating the medical qualifications to operate a motor vehicle safely and may also include a competency road examination. Upon a determination by the Registry that the individual may resume driving, the Medical Hold shall be lifted and the license shall be restored to active status. The individual must turn in his or her Massachusetts identification card in order to receive his or her license. In addition there shall be no fee for restoration of a license which was medically surrendered, except where a renewal period has elapsed between the time the license was surrendered and restored. In such circumstances, the fee imposed shall be the normal renewal fee. There shall be no reinstatement fee.