Hearings: Procedure

(A) Suspension of a License. (1) Upon suspension of a license or any part thereof, the Commissioner shall give the licensee written notice thereof, stating the reason(s) for the suspension. The suspension shall take effect immediately upon issuance of the notice. (2) The Department shall initiate a hearing pursuant to 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure no later than 21 calendar days after the effective date of the suspension. (3) In cases of suspension of a license, the hearing officer shall determine whether the Department has proved by a preponderance of the evidence there existed, immediately prior to or at the time of the suspension, an imminent risk to the safety or proper health care of the clinic’s patients. (B) Revocation of or Refusal to Renew License. (1) A license may be revoked or refused renewal in whole or in part only after a hearing as required by M.G.L. c. 111, § 51. (2) If the Commissioner determines a licensee is not suitable or responsible or a license should be revoked or refused renewal pursuant to 105 CMR 140.000, the Commissioner shall initiate a hearing pursuant to 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure. (3) In cases of revocation of or refusal to renew a license, the hearing officer shall determine whether the Department has proved by a preponderance of the evidence the licensee is not suitable or responsible and/or the license should be revoked or refused renewal, based on relevant facts as they existed at or prior to the time the Commissioner initiated the hearing procedure. (C) License Denial. (1) Upon receipt of notice that an application for original licensure has been denied, a proposed licensee may appeal to a hearing officer pursuant to 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure. (2) In cases of denial of an original license, the hearing officer shall determine whether the the applicant has proved by a preponderance of the evidence the proposed licensee is suitable and responsible for licensure under M.G.L. c. 111, § 51, and 105 CMR 140.000. (D) Denial, Revocation or Refusal to Renew Based on Lack of Certificate of Inspection. If the Department is notified the local jurisdiction or the head of the local fire department has denied any applicant or licensee a certificate of inspection, and that an appeal, if requested, has been duly denied by the local jurisdiction or the head of the local fire department, the Commissioner may: (1) inform the applicant or licensee the Department has been notified a certificate of inspection has been denied; (2) offer the applicant or licensee an opportunity to submit a current certificate of inspection within two weeks, or within such other time period as the Commissioner shall designate; or 140.132: continued (3) deny, revoke or refuse to renew the license of the applicant or licensee without further hearing, unless the applicant or licensee submits a current certificate of inspection within the time allowed.