Summary Suspension of Certificate of Approval

(A) In accordance with 105 CMR 173.090, the Commissioner may summarily suspend an MIH or Community EMS Program Certificate of Approval, pending further proceedings for revocation of or refusal to renew a Certificate of Approval, whenever the Commissioner finds that the continued operation of such program poses an imminent threat to public health and safety. (B) The Department shall issue written notice of the suspension action which shall contain the reasons and grounds for immediate suspension, the provisions of law relied on, and an opportunity to request an adjudicatory hearing within 14 calendar days of receipt of the notice of the suspension action. (C) Upon receipt of a request for hearing within the time period prescribed by 105 CMR 173.090, the Department shall promptly afford the aggrieved party an opportunity for an adjudicatory hearing to be conducted by a designated hearing officer. If a hearing is not requested within the required time period, the right to a hearing shall be waived and a final agency decision shall issue. (D) Until the suspension is lifted or final agency determination is made, the MIH or Community EMS Program may not operate. 105 CMR - 1050.3