Process for Denial, Revocation or Refusal of a Certificate of Approval for an MIH or Community

EMS Program (A) If the Department initiates an action to deny, revoke, or refuse to renew a Certificate of Approval, the Department shall provide the MIH or Community EMS Program with written notice of the reasons and grounds for the Department's action, the provisions of law relied upon, and an opportunity to resubmit the application within 30 calendar days of receipt of the notice of agency action. If the Department denies the resubmitted application, the MIH or Community EMS Program may request an adjudicatory hearing within 14 calendar days of receipt of the notice of agency action. (B) Upon receipt of a request for hearing within the time period prescribed by 105 CMR 173.090(A), the Department shall afford the aggrieved party an opportunity for an adjudicatory hearing to be conducted by a designated hearing officer. (C) If a hearing is not requested within the time period prescribed by 105 CMR 173.090(A), the right to a hearing shall be waived and a final agency decision shall be issued. (D) All adjudicatory proceedings shall be conducted in accordance with M.G.L. c. 30A and 801 CMR 1.01: Formal Rules.