Grounds for Suspension of a License or Immediate Cessation of Activity

The Commissioner or their designee may summarily suspend a license or order immediate cessation of an activity, prior to a hearing, whenever the Commissioner finds that public health, safety or the environment would be threatened by delay in issuance of an order. A Radiologic Technologist may not practice during the period of a suspension of their license or conduct a prohibited activity after notification of an order of immediate cessation of said activity. (A) If the Department intends to order immediate suspension of a license or immediate cessation of an activity, the Department will provide written notice stating the reason(s) for an order requiring immediate suspension or immediate cessation of an activity and the provisions of law relied upon. The immediate suspension or order of immediate cessation of an activity shall take effect immediately upon issuance of the notice. (B) The Department shall provide an opportunity for a hearing pursuant to 801 CMR 1.01: Formal Rules promptly after the issuance of an order of immediate suspension or order of immediate cessation of an activity. (C) In cases of suspension of a license or immediate cessation of an activity, the Hearing Officer shall determine whether the Department has proved by a preponderance of the evidence that there existed, immediately prior to or at the time of the suspension or cease and desist order, a threat to public health, safety or the environment. (D) In the event that the Department determines that the violation of state law or of 105 CMR 125.000 which posed a threat is corrected prior to the decision of the Hearing Officer, the Department may lift the suspension by giving written notice to the licensee.