reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 19.00 - Small Wireless Facility and New Small Cell Structure Licensing › Section 19.04 - Licensing Procedures

Current through Register 1525, July 5, 2024
(1)
General
.
(a) A party
			 seeking to submit a License Application may access a DCR Right of Way prior to
			 such submission solely for the purpose of obtaining the documentation necessary
			 to request locations for Small Cell(s) or new Structure(s) or to assess the
			 suitability of the structure(s) for proposed Small Cells.
(b) License Applicant must consult with the
			 Massachusetts Historical Commission for any project that may adversely affect
			 properties listed on the State Register of Historic Places. Consultation is
			 described in
			 950 CMR
			 71.00:
Protection of Properties Included in
			 the State Register of Historic Places
.
(c) License Applicant must consult with the
			 Massachusetts Division of Fisheries and Wildlife - Natural Heritage and
			 Endangered Species Program (NHESP) for any project that may impact Priority or
			 Estimated Habitat for Rare Species listed in
			 321 CMR
			 10.00:
Massachusetts Endangered Species Act
			 Regulations
.
(d) License
			 Applicant is solely responsible for ascertaining whether any other
			 certificates, licenses, permits or approvals will be required from other local,
			 state, or federal authorities or entities including, but not limited to, the
			 following: Commonwealth Architectural Access Board; Federal Communications
			 Commission; Massachusetts Water Resources Authority; local Wire permitting
			 authorities; Massachusetts Department of Public Safety (Building Code
			 enforcement); Massachusetts Department of Environmental Protection; local
			 Conservation Commissions; local landmark or historical commissions; United
			 States Army Corps of Engineers; Massachusetts Division of Capital Asset
			 Management and Maintenance; Massachusetts Department of Transportation
			 (MassDOT); Federal Highway Administration. License Applicant is encouraged to
			 consult MassDOT's website for useful "Design Guides and Manuals" (
https://www.mass.gov/lists/design-guides-and-manuals
).
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 19.00 - Small Wireless Facility and New Small Cell Structure Licensing › Section 19.05 - Severability

Current through Register 1525, July 5, 2024
If any section, subsection, division or subdivision of 302 CMR
				19.00 shall be determined to be invalid, such determination shall apply to the
				particular section, subsection, division or subdivision, and all other
				provisions of 302 CMR 19.00 shall remain valid and in effect.
Code of Massachusetts Regulations › 304 CMR - DIVISION OF STATE PARKS AND RECREATION › Title 304 CMR 7.00 - Management Plans And Massachusetts Wildlands › Section 7.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				304 CMR 7.00 is to establish
				procedures for the Stewardship Council and the Commissioner to prepare, adopt
				and revise official management plans for state reservations, parks and forests
				and to designate Massachusetts Wildlands.
Code of Massachusetts Regulations › 304 CMR - DIVISION OF STATE PARKS AND RECREATION › Title 304 CMR 7.00 - Management Plans And Massachusetts Wildlands › Section 7.02 - Management Plans

Current through Register 1525, July 5, 2024
For each state reservation, park, and forest, DCR shall follow
				a management planning process which shall produce the following
				components:
(a) a description of the
			 land's unique resources;
(b) a
			 discussion of the land's potential use;
(c) land stewardship zoning analysis;
			 and
(d) action recommendations
Each Management Plan shall have public participation in its
				development with review and approval by the Stewardship
				Council.
Code of Massachusetts Regulations › 304 CMR - DIVISION OF STATE PARKS AND RECREATION › Title 304 CMR 7.00 - Management Plans And Massachusetts Wildlands › Section 7.03 - Massachusetts Wildlands

Current through Register 1525, July 5, 2024
(1) Massachusetts
			 Wildlands means portions of DCR properties which are designated as either
			 Representative Natural Areas or Backcountry.
(2) Representative Natural Area (RNA) means a
			 natural area defined by noticeable boundaries which exemplify a native or
			 naturalized species or community with a high level of integrity and minimal
			 disturbance. RNA's may be nominated from lands which are under DCR conservation
			 restrictions.
(3) Backcountry Area
			 means a natural area located in the more remote portions of DCR properties
			 which provide existing opportunities for hiking and canoeing in a wild
			 area.
(4) Area Management Summary
			 (AMS) means the abstract of the procedures utilized to manage Wildlands. Each
			 AMS will include recreation and resource management procedure, policy and
			 regulation as well as area maps and a description of existing and proposed
			 research.
Code of Massachusetts Regulations › 304 CMR - DIVISION OF STATE PARKS AND RECREATION › Title 304 CMR 7.00 - Management Plans And Massachusetts Wildlands › Section 7.04 - Management of Massachusetts Wildlands

Current through Register 1525, July 5, 2024
(1)
			 DCR shall prepare an Area Management Summary to manage an RNA or Backcountry
			 Area.
(2) The following activities
			 are not permitted within Massachusetts Wildlands: open fires; motorized trail
			 use; destruction or collection of vegetation; geological materials; or wildlife
			 species; and/or aquatic organisms. Mountain bikes are not permitted in RNA's or
			 in the Backcountry Areas: the Hooper, Range Ridgetops, Alander Mtn. Such
			 restrictions shall not be interpreted to include prohibition of hunting,
			 fishing and trapping at DCR properties where those activities are lawfully
			 permitted, or DCR operations necessary to enhance public access and
			 safety.
(3) With the approval of
			 the Stewardship Council, the Commissioner can remove the Massachusetts
			 Wildlands designation from an area if one or more of the following conditions
			 occurs:
(a) Significant damage/change that
			 affects the integrity of the ecosystem; or
(b) Another site can better serve the needs
			 of the Massachusetts Wildlands program.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 2.00 - Introductory Provisions › Section 2.01 - Preamble

Current through Register 1525, July 5, 2024
(1) 309 CMR is adopted by the Board of
			 Registration of Hazardous Waste Site Cleanup Professionals, pursuant to its
			 authority under M.G.L. c. 21A, §§ 16 and 19 through 19J, and M.G.L.
			 c. 30A, §§ 2 and 3. The purpose of 309 CMR is to provide for the
			 implementation, administration, and enforcement of M.G.L. c. 21A, §§
			 16 and 19 through 19J, by establishing:
(a)
			 requirements which must be met by each individual to be licensed by the Board
			 as a licensed site professional;
(b) procedures for the issuance and renewal
			 of licenses;
(c) rules of
			 professional conduct applicable to licensed site professionals;
(d) procedures for the Board's issuance of
			 advisory rulings interpreting the standards for professional conduct;
			 and
(e) procedures for the Board to
			 take appropriate disciplinary action to enforce M.G.L. c. 21A, §§ 19
			 through 19J, and 309 CMR, and orders, licenses, and approvals issued or granted
			 by the Board.
The Board deems 309 CMR sufficiently stringent so that waste
				site cleanup activity opinions rendered by individuals licensed by the Board
				will be rendered so that they protect public health, safety, welfare and the
				environment.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 2.00 - Introductory Provisions › Section 2.03 - Severability

Current through Register 1525, July 5, 2024
It is hereby declared that the provisions of 309 CMR are
				severable. if any provision or its application to any person or circumstances
				is held invalid, such invalidity shall not affect other provisions or
				applications which can be given effect without the invalid provision or
				application.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 2.00 - Introductory Provisions › Section 2.04 - Scheduling and Conduct of Meetings

Current through Register 1525, July 5, 2024
(1)
Meetings
. (Reserved)
(2)
Decisions by the
			 Board.
(a)
Regulations
. The affirmative vote of at least a
			 majority of the Board members shall be required for adoption, amendment or
			 repeal of regulations.
(b)
Disciplinary Proceedings
A decision by the Board to
			 take disciplinary action against an applicant, licensed site professional, or
			 other person shall require the affirmative vote of at least a majority of those
			 Board members who are not prohibited from voting due to favorable or
			 unfavorable bias or prejudice, participation in the investigation of the
			 matter, or a recognized conflict of interest as defined in M.G.L. c.
			 268A.
(c)
Licenses
. The affirmative vote of at least a majority
			 of the Board members present at a meeting shall be required to approve or deny
			 license applications.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 2.00 - Introductory Provisions › Section 2.05 - Public Records and Personal Data

Current through Register 1525, July 5, 2024
All documentary materials and data made or received by the
				Board or any employee of the Board, including documentary information
				concerning any applicant or licensed site professional, shall constitute public
				records unless such materials or data fall within one or more of the exemptions
				to the definition of public records in M.G.L. c. 4, § 7. Subject to the
				restrictions described in the following sentence pertaining to personal data,
				the Board may, in its discretion, release to the public documentary materials
				and data which does not constitute a public record. Neither the Board nor its
				employees shall permit access to any information which qualifies as personal
				data, as defined by M.G.L. c. 66A, § 1, to any person other than a Board
				member, an employee of the Board, or the data subject unless such access is
				authorized by statute or a regulation which is consistent with the purposes of
				M.G.L. c. 66A or is approved by the data subject whose personal data are
				sought.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 2.00 - Introductory Provisions › Section 2.06 - Submissions to the Board

Current through Register 1525, July 5, 2024
Each submission to the Board shall be delivered by hand, mail
				delivery, or bonded delivery service, unless the Board provides
				otherwise.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 2.00 - Introductory Provisions › Section 2.07 - Computation of Time

Current through Register 1525, July 5, 2024
Any period of time prescribed or referred to in 309 CMR shall
				begin with the first day following the act which initiates the running of the
				time period, and shall include every calendar day, including the last day of
				the time period so computed. When the last day of any such period falls on a
				day when the Board's office is closed, the period will be deemed to run until
				the end of the next day on which the Board's office is open.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 2.00 - Introductory Provisions › Section 2.08 - Application Fee

Current through Register 1525, July 5, 2024
The Board will accept applications for licensing only if the
				applicable fee established by the Secretary of Administration and Finance
				pursuant to M.G.L. c. 7, § 3B, and published in
				801 CMR
				4.00, has been paid. Payment shall be made in full by
				check or money order made payable to the Commonwealth of Massachusetts. The
				application fee is non-refundable.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 2.00 - Introductory Provisions › Section 2.09 - Annual Fee

Current through Register 1525, July 5, 2024
To maintain his or her license, each licensed site professional
				shall pay the applicable annual fee established by the Secretary of
				Administration and Finance pursuant to M.G.L. c. 7, § 3B, and published in
				801 CMR
				4.00. Payment shall be made in full by check or money
				order made payable to the Commonwealth of Massachusetts. Payment shall be made
				annually, including the initial year of licensure. The annual fee is
				non-refundable. If an LSP fails to pay the Annual Fee by the date specified on
				the payment invoice sent by the Board, the Board shall notify the LSP that his
				or her license will be suspended unless payment is made in full within 30 days.
				If payment is not made in full within this 30-day period, the LSP's license
				shall be suspended automatically for a period of 90 days. During this 90-day
				suspension period, the LSP may reinstate his or her license and terminate the
				suspension by paying the Annual Fee in full. The date of reinstatement shall be
				the date the Board receives verification of payment. If the LSP has not paid
				the Annual Fee within the 90-day suspension period, his or her license shall be
				revoked. Thereafter, the former LSP may reapply by submitting the
				following:
(a) a limited licensure
			 application in a form approved by the Board, and
(b) the full application fee described in
			 309 CMR
			 2.08.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 2.00 - Introductory Provisions › Section 2.10 - Issuance of Notices

Current through Register 1525, July 5, 2024
Each notice given by the Board to a person pursuant to M.G.L.
				c. 21A, §§ 16 and/or 19 through 19J, and/or
				309 CMR
				2.00 shall be deemed to be issued by the Board as
				follows:
(1) if served in hand, the
			 notice shall be deemed to be issued on the date when delivered:
(a) personally to the person, or
(b) at the person's address last known to the
			 Board:
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 2.00 - Introductory Provisions › Section 2.11 - Receipt of Notices

Current through Register 1525, July 5, 2024
Each notice given by the Board to a person pursuant to M.G.L.
				c. 21A, §§ 16 and/or 19 through 19J, and/or 309 CMR shall be deemed
				to be received by said person as follows:
(1) if served in hand, the notice shall be
			 deemed to be received when delivered:
(a)
			 personally to the person, or
(b) at
			 the person's address last known to the Board;
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 2.00 - Introductory Provisions › Section 2.12 - Petitions for Waivers

Current through Register 1525, July 5, 2024
Notwithstanding any of the requirements, limitations,
				provisions and/or deadlines set forth in
				309 CMR
				1.00 through
				8.00, any licensee may
				petition the Board for good cause shown to waive any requirement, limitation or
				provision, or waive or extend any deadline, and the Board shall in its sole
				discretion, approve or deny any such petition. The Board shall require said
				licensee to demonstrate why the petition is within the spirit of the Board's
				regulations and is not contrary to the public interest. Under no circumstances
				shall the Board approve a petition allowing any of the following:
(a) waiver of any fees; and
(b) waiver of any rules of professional
			 conduct set forth in
			 309
			 CMR 4.00.
The affirmative vote of at least a majority of the Board
				members shall be required to approve or deny such petitions.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 3.00 - Licensing Of Licensed Site Professionals › Section 3.01 - Licensing of Licensed Site Professionals

Current through Register 1525, July 5, 2024
Applicants for licensure must provide such information and
				demonstration as the Board deems reasonably necessary to enable the Board to
				determine that applicants meet the qualifications in
				309
				CMR 3.02 and must achieve a passing score on
				an examination conducted by the Board in accordance with
				309 CMR
				3.04.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 3.00 - Licensing Of Licensed Site Professionals › Section 3.02 - Qualifications for Eligibility to Take Licensing Examination

Current through Register 1525, July 5, 2024
Applicants must demonstrate that they meet the following
				requirements for the Board to determine that they are eligible to take the
				licensing examination:
(1)
Minimum Education Requirements
. Applicants for
			 licensure shall meet the requirements of one of the following tracks:
(a)
Standard Track
.
			 Applicant has earned a baccalaureate, masters or doctorate degree from a
			 recognized educational institution in one of the curricula listed in Appendix
			 A, or in a curriculum found to be equivalent by the Board.
(b)
Alternate Track
.
			 Applicant has earned at least a high school diploma, but does not meet the
			 requirements for the Standard Track.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 3.00 - Licensing Of Licensed Site Professionals › Section 3.04 - Examination

Current through Register 1525, July 5, 2024
(1)
Frequency and
			 Scheduling.
The Board shall administer a licensing examination at
			 least once per year. Examinations shall be held at places and times set by the
			 Board or its designee as directed by the Board.
(2)
Examination
			 Format/Content.
Examinations shall be comprised of multiple choice
			 questions and shall test the applicant's overall regulatory understanding and
			 overall technical understanding. Overall technical understanding means an
			 understanding of basic concepts and methods in those scientific and technical
			 fields related to assessment, containment and removal actions sufficient to
			 render competent waste site cleanup activity opinions. Overall regulatory
			 understanding means an understanding of 309 CMR, 310 CMR 40.0000, and related
			 written policies and other environmental regulations sufficient to render
			 competent waste site cleanup activity opinions.
(3)
Initial
			 Eligibility
. An applicant may not take an examination unless he or
			 she has been deemed eligible for the examination pursuant to
			 309 CMR
			 3.03.
(4)
Examination Fee
.
			 An applicant may take an examination only if the applicable examination fee
			 established by the Secretary of Administration and Finance pursuant to M.G.L.
			 c. 7, § 3B, and published in
			 801 CMR
			 4.00 has been paid. Payment shall be made in full by
			 check or money order payable to the Commonwealth of Massachusetts or to the
			 Board's designated examination contractor, as specified by the Board. The
			 examination fee is non-refundable, except in the following circumstances: An
			 applicant whose failure to appear for the examination is found by the Board to
			 be due to circumstances beyond his or her reasonable control shall receive a
			 refund or may request that his or her application be held open until he or she
			 can take a subsequent examination that occurs within two years of the date the
			 Board voted to approve the applicant's written application.
(5)
Examination Procedures and
			 Rules.
(a) The Board will require
			 each examinee to present some form of identification containing a photograph of
			 the applicant. The examinee may present:
1. a
			 current motor vehicle operator's license or other government-issued
			 identification document;
2. a
			 passport; or
3. any other form of
			 official identification that has been approved by the Board at the applicant's
			 request prior to the examination.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 3.00 - Licensing Of Licensed Site Professionals › Section 3.05 - License Denial

Current through Register 1525, July 5, 2024
The Board will deny a license to an applicant who fails to meet
				any of the requirements for licensing set forth in
				309 CMR 3.00. The Board will
				inform the applicant in writing of the reason(s) why he or she was denied a
				license.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 3.00 - Licensing Of Licensed Site Professionals › Section 3.06 - License Renewal

Current through Register 1525, July 5, 2024
(1) A licensed site
			 professional must renew his or her license every three years to maintain his or
			 her license. Each license issued by the Board shall expire at the close of
			 business on the expiration date assigned on the date of issuance unless it is
			 renewed or extended by the Board. The initial expiration date assigned shall be
			 the 30th of the month of January, April, July, or
			 October three years from the date of issuance, whichever of said dates is or
			 occurs soonest after three years from the date of issuance. As of June 30,
			 2002, the next license expiration date for each LSP whose existing license
			 expiration date does not fall on a 30th of January,
			 April, July, or October shall be extended to the
			 30th of January, April, July, or October, whichever
			 date occurs soonest after each LSP's existing license expiration
			 date.
(2) To apply to renew a
			 license, a licensed site professional shall:
(a) submit for approval to the Board prior to
			 the date of expiration of his or her license a completed renewal application
			 form setting forth such information as the Board may direct, including whether
			 the licensee has since his or her last LSP license renewal been disciplined by
			 other professional licensing or professional certifying authorities and, if so,
			 an explanation of the circumstances;
(b) include with such application form a
			 check or money order made payable to the Commonwealth of Massachusetts in the
			 full amount of the non-refundable license renewal processing fee established by
			 the Secretary of Administration and Finance pursuant to M.G.L. c. 7, § 3B,
			 and published in
			 801 CMR
			 4.00; and
(c) demonstrate to the Board's satisfaction
			 that he or she has fulfilled the continuing education requirements set forth in
			 309 CMR
			 3.09 or obtained a waiver of those
			 requirements in accordance with
			 309 CMR
			 2.12.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 3.00 - Licensing Of Licensed Site Professionals › Section 3.07 - Right to Adjudicatory Hearing

Current through Register 1525, July 5, 2024
(1)
			 An applicant determined by the Board to be ineligible for examination or for
			 license renewal, or whose license has been renewed provisionally or subject to
			 conditions by the Board, may request an adjudicatory hearing by filing a
			 written Notice of Claim for Adjudicatory Proceeding. The Notice shall state
			 clearly and concisely the facts that are grounds for the proceedings and the
			 relief sought. The Notice shall be filed with the Board within 21 days from the
			 date that the applicant receives notice of the Board's determination.
(2) A Notice shall be deemed to be filed with
			 the Board as set forth herein:
(a) If
			 hand-delivered during regular business hours, it shall be deemed filed on the
			 day delivered.
(b) If
			 hand-delivered during non-business hours, it shall be deemed filed on the next
			 regular business day.
(c) If mailed
			 by placing in U.S. mail, it shall be deemed filed on the date so
			 postmarked.
(d) A delivery by a
			 bonded delivery service shall be treated as a hand delivery.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 3.00 - Licensing Of Licensed Site Professionals › Section 3.08 - Waiver of Right to Adjudicatory Hearing

Current through Register 1525, July 5, 2024
An applicant will be deemed to have waived his or her right to
				an adjudicatory hearing unless the Board receives his or her written request
				for an adjudicatory hearing by the deadline set forth in
				309 CMR
				3.07.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 3.00 - Licensing Of Licensed Site Professionals › Appendix A - STANDARD TRACK DEGREES

Current through Register 1525, July 5, 2024
Degrees meeting the Standard Track curriculum requirement (
				309
				CMR 3.02(1)(a)  ) include a
				bachelor's or advanced degree from an accredited college or university with a
				major or concentration in the following fields:
Biochemistry
Biology (including toxicology, microbiology, ecology, botany,
				zoology)
Chemical Engineering
Chemistry
Civil Engineering
Earth Science
Environmental Engineering
Environmental Sciences
Epidemiology
Forestry
Geology
Geotechnical Engineering
Hazardous Waste Management
Hydrogeology
Hydrology
Industrial Hygiene
Medicine
Physical Geography
Public Health (if technical in nature)
Risk Assessment
Soil Science
Water Resources
Wetland Science
If the applicant's degree is not in a field listed above, the
				Board shall consider whether sufficient course work has been completed in one
				or more of the fields listed above. The applicant has the burden of proof; the
				Board shall base its decision in part on official transcripts.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 3.00 - Licensing Of Licensed Site Professionals › Appendix B - MINIMUM LENGTH AND MINIMUM ATTENDANCE REQUIREMENTS FOR APPROVED COURSES

Current through Register 1525, July 5, 2024
Pursuant to
				309 CMR
				3.09, the Board may approve four different
				types of courses for continuing education credit for LSPs: DEP Courses, other
				courses, conference workshops, and college/university courses.
To be approved by the Board for continuing education credit for
				LSPs,
				309 CMR
				3.09 requires that each of these courses must
				meet a certain minimum length requirement. Courses that do not meet the
				applicable minimum length requirement cannot be approved for any LSP continuing
				education credit. In addition, an LSP must satisfy specific minimum attendance
				requirements for each type of course in order to obtain any continuing
				education credit for that course.
Minimum course length and LSP attendance requirements are
				summarized in the table below. This table is for convenience only; in the event
				of a discrepancy between the table and the provisions of
				309 CMR 3.00, the language
				within the text of the regulations will govern.
Type of Course
Minimum Course Length
Minimum Attendance Requirements
DEP Course
one contiguous hours
. For one- to four-hour course:
100%
. For course longer than four hours: four hours or
							 75% of course, whichever is greater
[If attendance requirement is not met, LSP receives
							 no credit.]
.
Approved Conference Workshop
one hour
. For one- to four-hour workshop: 100%
. For workshop longer than four hours: four hours or
							 75% of the workshop, whichever is greater [If attendance requirement is not
							 met, LSP receives no credit.]
.
College/Univ. Course
Meets at least weekly for one
							 quarter/term/semester
. If taken for grade: None
. If not taken for grade: 75%
If an LSP attends for the minimum portion required but less
				than 100% of the course, the LSP will receive continuing education credit on a
pro rata
basis. For example, if the LSP Board has approved an
				eight-hour DEP Course for eight "DEP Course" credits, an LSP who attends 71/2
				hours of the course will receive 7.5 credits.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 4.00 - Rules Of Professional Conduct › Section 4.01 - Preamble

Current through Register 1525, July 5, 2024
In order to safeguard the public health, safety, welfare and
				the environment and to establish and maintain a standard of professional
				integrity, the Board has established
				309
				CMR 4.00 (Rules of Professional Conduct).
				309
				CMR 4.00 shall be binding on every person licensed by
				the Board to render waste site cleanup activity opinions within the meaning of
				M.G.L. c. 21A, § 19.
Any person who may become aware of the failure of a licensed
				site professional to comply with an obligation or prohibition imposed by
				309
				CMR 4.00 may file a complaint with the Board pursuant
				to
				309 CMR 7.00. However, the
				availability of this right is not intended to subject an LSP to any liability
				in addition to any actions that may be taken by the Board, nor is it intended
				that a violation of
				309
				CMR 4.00 shall by itself give rise to a private cause
				of action or create any presumption that a legal duty to a party other than the
				Board or the Department has been breached.
All LSPs are charged with having knowledge of
				309
				CMR 4.00 and shall be deemed to be familiar with the
				provisions and to understand them.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 4.00 - Rules Of Professional Conduct › Section 4.02 - Professional Competency

Current through Register 1525, July 5, 2024
(1) In providing
			 Professional Services, a licensed site professional shall act with reasonable
			 care and diligence, and apply the knowledge and skill ordinarily exercised by
			 licensed site professionals in good standing practicing in the Commonwealth at
			 the time the services are performed.
(2) An LSP shall not provide Professional
			 Services outside his or her areas of professional competency, where this
			 competency is based on his or her education, training, and/or experience,
			 unless that LSP has relied upon the technical assistance of one or more
			 professionals whom the LSP has reasonably determined are qualified in such area
			 or areas by education, training and/or experience.
(3) In providing Professional Services, an
			 LSP may rely in part upon the advice of one or more professionals whom the LSP
			 reasonably determines are qualified by education, training and/or
			 experience.
(4) A successor
			 hazardous waste site cleanup professional may render a waste site cleanup
			 activity opinion regarding response actions performed under a previous
			 hazardous waste site cleanup professional, and that opinion may be relied upon
			 as sufficient to protect public health, safety, welfare, or the environment,
			 only when the successor hazardous waste site cleanup professional has:
(a) reviewed all reasonably available
			 documentation known to the successor hazardous waste site cleanup professional
			 that describes previous releases, site assessment activities and results, and
			 work performed in connection with the assessment, containment or removal action
			 that is the subject of the opinion;
(b) conducted a site visit to observe current
			 conditions and to verify the completion of as much of the work as is reasonably
			 observable; and
(c) concluded, in
			 the exercise of his or her independent professional judgment, that he or she
			 has sufficient information upon which to render the waste site cleanup activity
			 opinion.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 4.00 - Rules Of Professional Conduct › Section 4.03 - Professional Responsibility

Current through Register 1525, July 5, 2024
(1) A licensed site
			 professional shall hold paramount public health, safety, welfare, and the
			 environment in the performance of professional services.
(2) A licensed site professional shall render
			 a waste site cleanup activity opinion only when he or she has either:
(a) in the case of an opinion related to an
			 assessment:
1. managed, supervised or actually
			 performed such assessment, or
2.
			 periodically reviewed and evaluated the performance by others of such
			 assessment; or
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 4.00 - Rules Of Professional Conduct › Section 4.04 - Conflict of Interest

Current through Register 1525, July 5, 2024
(1) A licensed site
			 professional shall not accept compensation, financial or otherwise, for his or
			 her professional services pertaining to a site from more than one person having
			 significant conflicting or adverse interests unless the circumstances are fully
			 disclosed to, and agreed to by, all clients engaging him or her with regard to
			 that site.
(2) In the event a
			 licensed site professional has, develops or acquires any business association,
			 direct or indirect financial interest, or other circumstance which is
			 substantial enough to create an impression of influencing his or her judgment
			 in connection with his or her performance of professional services pertaining
			 to any site, the licensed site professional shall fully disclose in writing to
			 his or her client the nature of the business association, financial interest or
			 circumstance. For the purposes of 309 CMR 4.04(2) receipt of salary or employee
			 benefits by an LSP employed by his or her client on a full time basis is deemed
			 not to be substantial.
(a) If the client or
			 employer objects to such business association, financial interest or
			 circumstance, the licensed site professional shall offer to terminate, at his
			 or her discretion, either the business association, financial interest or
			 circumstance, or his or her engagement with regard to the site or
			 sites.
(b) If a licensed site
			 professional believes that his or her business association, financial interest
			 or circumstance renders him or her incapable of discharging his or her
			 professional obligations under
			 309
			 CMR 4.00 in connection with his or her performance of
			 professional services pertaining to a site, the licensed site professional
			 shall terminate his or her engagement with regard to that site.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 4.00 - Rules Of Professional Conduct › Section 4.05 - Accepting Compensation

Current through Register 1525, July 5, 2024
An LSP shall not let his or her ownership interest,
				compensation, or continued employment affect his or her Professional Services
				to the extent that said Professional Services do not meet the standards set
				forth in
				309
				CMR 4.00 and 310 CMR 40.0000.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 5.00 - Advisory Rulings › Section 5.01 - General

Current through Register 1525, July 5, 2024
(1) A licensed site professional may at any
			 time request an advisory ruling interpreting one or more of the Rules of
			 Professional Conduct.
(2) An
			 advisory ruling rendered by the Board, until and unless amended or revoked,
			 shall be a defense in a criminal action brought under M.G.L. c. 21A,
			 §§ 19 through 19J, and shall be binding on the Board in any
			 subsequent proceedings concerning the individual who requested the ruling and
			 acted in good faith in reliance thereon, unless material facts were omitted or
			 misstated in the request for an advisory ruling.
(3) Advisory rulings will be issued at the
			 Board's discretion and only upon written request. The Board may decline to
			 issue an advisory ruling for any reason the Board deems proper.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 5.00 - Advisory Rulings › Section 5.02 - Submission

Current through Register 1525, July 5, 2024
(1) Requests for advisory rulings shall be
			 submitted to the Board in writing.
(2) The original request for an advisory
			 ruling shall be submitted to the Board, together with 11 copies
			 thereof.
(3) The original request
			 for an advisory ruling shall be signed and dated by the licensed site
			 professional submitting the request. This signature constitutes a certification
			 by the licensed site professional that he or she has read the request and knows
			 the content thereof, and that the statements contained therein are true and
			 correct to the best of his or her knowledge.
(4) Each request for an advisory ruling shall
			 include the name, address, license number and telephone number of the licensed
			 site professional seeking the ruling. It shall state clearly and concisely the
			 substance or nature of the request, including all relevant and material facts
			 pertinent to the request. The request may be accompanied by supporting data,
			 views, or arguments.
(5) The Board
			 may request additional written information as necessary to complete a factual
			 background for its ruling.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 5.00 - Advisory Rulings › Section 5.03 - Disposition

Current through Register 1525, July 5, 2024
In the event the Board renders an advisory ruling, a copy of
				the Board's ruling will be sent to the person requesting the
				ruling.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 5.00 - Advisory Rulings › Section 5.04 - Availability to Public

Current through Register 1525, July 5, 2024
(1) All advisory
			 rulings issued by the Board are public documents and will be available for
			 public inspection during the Board's normal working hours. In addition, the
			 Board may otherwise publish or circulate advisory rulings as it deems
			 appropriate.
(2) The name of the
			 person requesting a ruling and any other identifying information will not be
			 included in such publication or circulation unless the person who requested the
			 ruling consents to such inclusion in writing.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 6.00 - Design And Use Of Licensed Site Professional's Seal › Section 6.00 - Design and Use of Licensed Site Professional's Seal

Current through Register 1525, July 5, 2024
(1) For the purpose of rendering waste site
			 cleanup activity opinions, each licensed site professional shall procure and
			 use a rubber stamp for a seal, the design, arrangement, size and working of
			 which shall conform to the Board's specifications. An LSP may also submit
			 electronically a waste site cleanup activity opinion that:
(a) is allowed by the Department to be
			 submitted electronically; and
(b)
			 contains an electronically inserted seal, the design, arrangement, and size of
			 which shall conform to the Board's specifications for electronic
			 seals.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 7.00 - Procedure Governing Disciplinary Proceedings And Other Dispositions › Section 7.01 - General Provisions

Current through Register 1525, July 5, 2024
(1) Any licensed
			 site professional or other person who acts as, advertises as, or holds himself
			 or herself out to be a licensed site professional shall be subject to the
			 disciplinary authority of the Board.
(2) A licensed site professional who,
			 individually or in concert with another person, violates any provision of
			 M.G.L. c. 21A, §§ 19 through 19J, or any provision of 309 CMR,
			 including but not limited to the Rules of Professional Conduct in
			 309
			 CMR 4.00, shall be subject to the disciplinary
			 authority of the Board.
(3) It
			 shall constitute misconduct, and may be grounds for appropriate discipline, for
			 a licensed site professional to engage in conduct that results in his or her
			 conviction for:
(a) any felony;
(b) a misdemeanor committed in the course of
			 providing Professional Services;
(c) a misdemeanor which contains as a
			 necessary element fraud, misrepresentation, deceit, bribery, extortion,
			 misappropriation, theft, false swearing, or willful failure to file income tax
			 returns;
(d) a misdemeanor
			 involving acts that reveal a sufficient lack of good moral character such that
			 the Board no longer is persuaded that the LSP will be in compliance routinely
			 and on a continuing basis with all standards and requirements applicable to
			 LSPs.
The following shall be deemed to be a conviction within the
				meaning of this section, whether or not sentence has been imposed: a guilty
				verdict or finding of guilt, any admission to or finding of sufficient facts,
				and any plea of guilty or nolo contendere which has been accepted by the
				court.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 7.00 - Procedure Governing Disciplinary Proceedings And Other Dispositions › Section 7.02 - Types of Discipline and Other Dispositions

Current through Register 1525, July 5, 2024
(1) Discipline of licensed site professionals
			 may be by revocation of license, suspension of license for a period of up to
			 five years, public censure, or private censure.
(2) The Board may also assess a civil
			 administrative penalty on any person who is in noncompliance with any provision
			 of any regulation, order, or license issued or adopted by the Board, or with
			 any provision of M.G.L. 21A, §§ 19 through 19J, subject to the
			 requirements of
			 309 CMR 8.00.
(3) The Board may also take any other action
			 as allowed by law, including but not limited to issuing orders imposing such
			 restraints on or requiring action by licensed site professionals as the Board
			 deems necessary to abate a hazard or the violation of any provision of M.G.L.
			 c. 21A, §§ 19 through 19J, or any provision of 309 CMR.
(4) If the Board determines that a licensed
			 site professional is unable to perform the essential functions of a licensed
			 site professional in accordance with the requirements of 309 CMR, the Board may
			 place the licensed site professional on inactive status or take other
			 appropriate action, including but not limited to suspending or revoking the
			 licensed site professional's license. If the Board places a licensed site
			 professional on inactive status, the Board shall promptly remove his or her
			 name from the Board's official list of active licensed site professionals and
			 take all other actions specified in
			 309 CMR 9.01.
(5) Any person who is disciplined by the
			 Board shall also be subject to such other penalties as may be provided by law,
			 including but not limited to actions for civil injunctive relief and civil or
			 criminal penalties.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 7.00 - Procedure Governing Disciplinary Proceedings And Other Dispositions › Section 7.03 - Initiation

Current through Register 1525, July 5, 2024
(1) Any person or any member of the Board may
			 file a complaint with the Board charging:
(a)
			 a licensed site professional with misconduct;
(b) a licensed site professional with being
			 unable to perform the essential functions of a licensed site professional in
			 the manner described in
			 309 CMR
			 7.01(7); or
(c) a non-licensee with acting as,
			 advertising as, holding himself or herself out to be, or representing himself
			 or herself as being a licensed site professional.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 7.00 - Procedure Governing Disciplinary Proceedings And Other Dispositions › Section 7.04 - Preliminary Investigation

Current through Register 1525, July 5, 2024
(1) The Board may
			 appoint a Complaint Review Team to conduct or arrange for the conduct of a
			 preliminary investigation to determine the truth and validity of all or a
			 portion of the allegations set forth in a complaint. The Board may also request
			 that a Complaint Review Team investigate matters that are not alleged in a
			 complaint but which, if established, may constitute grounds for discipline or
			 other disposition as described in
			 309 CMR
			 7.02.
(2) A Complaint Review Team shall be
			 comprised of one member or former member of the Board who is an LSP and was
			 appointed to fill one of the five positions specified by G.L. c. 21A, §
			 19A, for hazardous waste site cleanup professionals, one member or former
			 member who is or was one of the other members of the Board, and one of the
			 attorneys on the Board's staff. The Complaint Review Team shall investigate the
			 issues designated by the Board and prepare a report to the Board summarizing
			 the findings of the investigation and providing a recommendation to the Board
			 with respect to the presence of sufficient grounds for disciplinary action or
			 other disposition as described in
			 309 CMR
			 7.02. If the Complaint Review Team recommends
			 that the Board find sufficient grounds for disciplinary action or other
			 disposition, it must also prepare a supplemental memorandum that recommends
			 what type of discipline or other disposition, as described in
			 309 CMR
			 7.02, the Board should impose and explains
			 the basis for this recommendation. In making these recommendations, each member
			 of the Complaint Review Team, including the attorney, shall have one
			 vote.
(3) If, upon investigation of
			 the complaint, the Complaint Review Team has reason to believe that:
(a) the licensed site professional who is the
			 subject of the investigation is unable to perform the essential functions of
			 309 CMR;
(b) such failings are a
			 result of an addiction to or excessive use of controlled substances, any
			 dangerous drug or combination of drugs, or alcohol, or are due to a disability;
			 and
(c) a medical or other
			 appropriate examination or examinations would aid the Board in its decision,
			 the Complaint Review Team may recommend to the Board that it direct the
			 licensed site professional, as a condition of retaining his or her license, to
			 be examined by a qualified medical or other applicable expert or experts
			 designated by the Board at the licensed site professional's expense. The Board
			 shall thereupon determine whether to direct such examination.
Code of Massachusetts Regulations › 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS › Title 309 CMR 7.00 - Procedure Governing Disciplinary Proceedings And Other Dispositions › Section 7.05 - Informal Conferences

Current through Register 1525, July 5, 2024
To facilitate disposition of a complaint, the Board may request
				the person filing the complaint and/or the licensed site professional who is
				the subject of the complaint, and/or any other person, to attend an informal
				conference at any time prior to or after the commencement of an adjudicatory
				proceeding.