Disciplinary Action and Appeals

(1) Any license, certification, or other authority covered under 230 CMR 6.00 may be subject to disciplinary action for the following reasons: (a) False or misleading information on an application for examination or license renewal. (b) Operating hoisting machinery under the influence of alcohol or drugs; (c) Failure to pay excise tax or other taxes; (d) Failure to report accidents as required by the Office; (e) Failure to report a serious injury as required by the Office; (f) Operating in an unsafe manner; (g) Failure to comply with any provision of 230 CMR 6.00; (h) Failure to comply with 520 CMR 14.00: Excavation and Trench Safety; (i) Failure to comply with M.G.L. c. 146, §§ 53 through 56; (j) The fraudulent or otherwise improper issuance of temporary permits; (k) The fraudulent or otherwise improper issuance of any company license; (l) Practicing beyond the scope of the license held; (m) Permitting, aiding, or abetting an unauthorized person in performing activities requiring a hoisting license; (n) Being convicted of a crime reasonably related to the hoisting profession; (o) Having a license, certificate, registration or authority issued by another state or territory of the United States, another Massachusetts agency, the District of Columbia, or a foreign state or nation with authority to issue such a license, certificate, registration or authority, revoked, cancelled, suspended, not renewed or otherwise acted against, or if the holder has been disciplined, if the basis for the action would constitute a basis for disciplinary action in Massachusetts; (p) violations of any state or federal law relevant to hoisting work, including, but not limited to, violations of OSHA regulations, as formally decided by an authority having jurisdiction including courts, state, or federal agencies; or (q) Engaging in any other conduct which places into question the licensee’s competence to practice in the hoisting profession. (2) Per M.G.L. c. 146, § 53, discipline may be imposed by the Commissioner for any of the reasons outlined in 230 CMR 6.12. When required by M.G.L. c. 30A, a hearing shall be held prior to the imposition of such discipline, which can include, but is not limited to, the following: (a) suspend, revoke, cancel, decline to renew, or place probationary conditions on such license, permit, certificate, registration or authority; (b) reprimand or censure a holder; (c) assess any civil administrative penalties or fines allowed by law; (d) require the holder to complete additional education and training as a condition of retention or future consideration of reinstatement of the license, certificate, registration or authority; (e) require the holder to practice under appropriate supervision for a period of time as determined by the Commissioner as a condition of retention or future consideration of reinstatement of the license, certificate, registration or authority; or (f) require the holder to participate in an alcohol or drug rehabilitation program as a condition of retention or future consideration of reinstatement of the license, certificate, registration or authority. (3) Where a hearing is required, the Commissioner shall appoint a presiding officer who will conduct the hearing and issue a decision in compliance with the provisions of M.G.L. c. 30A. The presiding officer shall designate whether the hearing will be held pursuant to 801 CMR 1.01: Formal Rules or 801 CMR 1.02: Informal/Fair Hearing Rules. Any person aggrieved by a decision made after an adjudicatory hearing may appeal to the Superior Court in accordance with M.G.L. c. 30A, § 14. (4) Summary Suspensions. Where necessary for the immediate preservation of the public health or safety, the Commissioner, Chief, or any Inspector may immediately suspend a license or other authority granted under 230 CMR 6.00. When such an action occurs, a hearing must be held pursuant to 230 CMR 6.12(3) within ten days of that action. At the time of the suspension, the licensee shall be issued a written summary suspension order which specifies the reasons for the summary suspension and notice that a hearing will occur within ten days. At the request of the licensee, the presiding officer may reschedule the hearing to a date and time mutually agreeable to the presiding officer and the licensee. Any such rescheduling of the hearing granted at the licensee’s request shall not have the effect of lifting or staying the suspension order. If the hearing is not held within ten days of the suspension order or such further time as may be agreed to, the license or other authority granted under 230 CMR 6.00 shall be reinstated. Failure of the licensee to attend this hearing shall be deemed grounds to revoke the license. The presiding officer shall issue a preliminary written decision within ten days of the summary suspension hearing. Following the hearing, a continuing suspension imposed by the presiding officer shall remain in effect until the conclusion of any formal adjudicatory proceeding on the merits of the allegations against the licensee, but any such proceeding shall occur within 60 days of the suspension order, or as the parties may otherwise agree. The presiding officer shall render thier written decision not later than 30 days after the formal adjudicatory proceeding or as the parties may otherwise agree.