Request for an Appeal Hearing

(1) Any applicant who is denied a request for a license or whose license has been revoked may make a written request for an appeal hearing. The appeal hearing will be conducted by the Director, the State Geologist, and Materials Evaluation and Research Engineer. The request for hearing must be received by the Director within 30 days after receipt of the notice of denial or notice of revocation. A determination to deny or revoke a license shall be final if the applicant fails to request a hearing within 30 days after receipt of the notice of denial or revocation. (2) The request for hearing must be in writing and must identify the applicant requesting the appeal and a detailed description for the basis for the appeal. The hearing is informal, the rules of evidence do not apply, and the decision of the Director, the State Geologist, and Materials Evaluation and Research Engineer is a final administrative decision subject to judicial review as provided by M.G.L. c. 30A, § 14. (3) The applicant will be notified by mail within a reasonable time of the decision following the hearing. Each written hearing decision will contain a statement of the reasons for the decision. (4) Failure of the applicant to appear at the date, time, and place specified on the hearing notice automatically results in the denial of the appeal. (5) The Director may extend any deadline prescribed in 700 CMR 19.00.