Denial, Revocation and Refusal to Renew Registration

(A) A registration may be denied, revoked or refused renewal for cause which includes, but need not be limited to, any of the following: (1) Failure to submit the required fees. (2) Violation of any state statute pertaining to regulation of temporary nursing service agencies. (3) Failure to comply with reporting requirements as may be established under 101 CMR 345.000: Temporary Nursing Services. (4) Having outstanding fines, or otherwise violating 101 CMR 345.000: Temporary Nursing Services. (5) Violation of any applicable provision of 105 CMR 157.000. (B) Whenever the Commissioner denies an application for initial registration or determines that a registration should be revoked or refused renewal, the Commissioner shall provide written notice thereof to the applicant or registrant. (C) Within 21 days after receipt of notice that an application for initial registration has been denied or a determination that a registration should be revoked or refused renewal, the applicant or registrant may appeal such action by filing a Notice of Claim for an Adjudicatory Proceeding pursuant to 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure. (D) The decision of a hearing officer in any adjudicatory proceeding conducted under 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure shall be reviewed by the Commissioner and his or her decision upon this review shall constitute final agency action. (E) Notwithstanding anything in 105 CMR 157.000 to the contrary, no registration may be revoked or refused renewal until there has been final agency action pursuant to 105 CMR 157.170(D), except where the Commissioner makes an initial determination requiring immediate agency action during any pending appeal and has so notified the registrant in writing pursuant to 105 CMR 157.170(B).