Hearings: Scope of Review

(A) Any hearing officer conducting a hearing shall determine the suitability or responsibility of any licensee or proposed licensee on request of the Department, whether or not the applicant or licensee is licensed at the time the determination is made. (B) If a hearing officer finds the licensee or proposed licensee is unsuitable or not responsible under any single provision of 105 CMR 140.109, the hearing officer shall uphold the decision of the Commissioner and finds the proposed licensee or licensee is not suitable or responsible. (C) If the hearing officer finds any single ground for denial of, revocation of or refusal to renew a license pursuant to 105 CMR 140.131 the hearing officer shall uphold the decision of the Commissioner to deny, revoke or refuse to renew the license.