Grounds for Disciplinary Action

The Committee may, by a majority vote, and after a hearing conducted in accordance with M.G.L. c. 30A and 801 CMR 1.00 et seq., take Disciplinary Action against the Certificate of Qualification or other certification of a certified Weights and Measures Official. Grounds for such Disciplinary Action include, but are not limited to, the following: (1) Criminal Conviction. Conviction of any criminal offense related to the practice of his/her profession; (2) Fraud in Certification. Obtaining or attempting to obtain a certificate of certification by fraud, deceit, misrepresentation or the use of false or forged evidence of any kind, including but not limited to falsification of reports of continuing education courses, seminars, workshops or contact hours; (3) Incapacity. Lack of fitness to practice by reason of incapacitation due to mental impairment; (4) Fraud in Practice. Fraud or deceit in the course of his/her professional practice as a Weights and Measures Official; (5) Negligence. Negligence in the performance of his/her professional duties as a Weights and Measures Official; (6) Inadequate Continuing Education. Failure to meet the continuing education requirements set out in 202 CMR 6.07, 6.08, and 6.09; (7) Practical Examination Failure. Failure to meet any practical examination administered by the Division of Standards or the Committee; (8) Practicing Without Certification. Practicing in a weights and measures discipline listed in 202 CMR 6.05(1) without certification by the Division of Standards; or (9) Misconduct. Any other form of misconduct in the practice of his or her profession.