Hearing Procedure

(A) Prior to the imposition of any Administrative Sanction, the affected research institution is entitled to an adjudicatory hearing governed by the procedures of M.G.L. c. 30A and 801 CMR 1.00 et seq. A research institution which has received an AgencyNotice of Action may, within 30 days of receipt of such Notice, file with the Commissioner a request for an adjudicatory hearing. (B) A research institution requesting an adjudicatory hearing shall file, within 21 days of such request, its answer to the Agency Notice of Action. Such answer shall include full, direct and specific answers to each claim set forth in the Agency Notice of Action admitting, denying or explaining material facts, as well as all affirmative defenses relied upon. (C) An adjudicatory hearing shall be scheduled with reasonable promptness after the filingofa request for such proceeding by a research institution. Notice of the date of an adjudicatory hearing shall be served upon the research institution no less than 15 days prior to the date set for the hearing. (D) The Commissioner or a hearing officer designated by the Commissioner shall conduct an adjudicatory hearing. The Commissioner or hearing officer shall make all decisions regarding procedural matters which may arise in the course of the hearing. (E) Adjudicatory hearings shall be recorded by electronic or stenographic means. (F) After an adjudicatory hearing, the Commissioner shall issue a final decisionand shallprovide the reasons therefor. The Commissioner may decline to issue, revoke, not renew, modify, suspend, make probationary, or otherwise limit a license as he/she deems appropriate. (G) The Commissioner shall make or cause to be made a record ofeachadjudicatoryhearing. The record may contain the following items and other papers or documents which the Commissioner or hearing officer has specifically designated be made part of the record. (1) All papers filed and served in connection with the proceeding; (2) All documents or other data received in evidence at the hearing; (3) A transcript of the hearing, if one has been prepared; (4) Interlocutory orders of the Commissioner or hearing officer and the final decision of the Commissioner, including a statement of reasons. (H) All matters not specifically addressed in 105 CMR 910.000 shall be governed by M.G.L. c. 30A and regulations promulgated thereunder found at 801 CMR 1.00. (I) The decision of the Commissioner after an adjudicatory hearing shall be a final agency decision and shall be reviewable pursuant to M.G.L. c. 30A, § 14. (J) In the event that revocation or non-renewal is imposed, the licensee shall be permitted a reasonable period to cease using dogs and cats in research but in no case less than 30 days after the final decision by the Commissioner.