Transfer or Assignment of a Service License

Pursuant to M.G.L. c. 111C, § 8(b), no licensee shall transfer or assign in any manner, voluntarily or involuntarily, directly or indirectly, or by transfer of control of any company or of any asset or any equity interest in any entity, the license issued to the licensee or any rights thereunder, without first applying in writing to the Department for permission to transfer or assign the license. The Department shall grant or deny the request in writing within 60 calendar days of the filing of the request. No transfer of a license shall be effective without written prior approval by the Department. (A) In order to grant written permission to transfer or assign, the Department shall make the following findings: (1) That the transferee or assignee is responsible and suitable to maintain a service, pursuant to 105 CMR 170.220; and (2) That the transferee meets the applicable requirements for licensure, as provided in 105 CMR 170.000. (B) Pursuant to M.G.L. c. 111C, § 8(b), if an application for transfer or assignment is denied, the Department shall issue a denial order. Such an order shall include a statement of the reasons for denial and provisions of the law relied upon, and shall be subject to judicial review through a petition for a writ of certiorari brought within 30 calendar days under the provisions of M.G.L. c. 249, § 4. (C) A transferee shall provide such information as requested by the Department to update the Department's records following transfer. (D) The terms of the license shall not be altered, amended, or modified by a transfer of the license. Upon approval of the transfer, the new licensee may apply for a modification of the transferred license pursuant to 105 CMR 170.240. (E) Upon the Department’s approval of a transfer of the license, the licensee shall turn over to the transferee, prior to the effective date of the transfer, all records of the service subject to the inspection of the Department pursuant to 105 CMR 170.225.