Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 28.00 - The Removal, Containment, Maintenance, or Encapsulation of Asbestos › Section 28.16 - Administrative License and Certificate Actions/Denial, Revocation, Suspension or Refusal to Renew a License

Current through Register 1525, July 5, 2024
(1)
General Administrative Proceedings
. The Director may
			 deny, revoke, suspend or refuse to renew a license or certificate issued
			 pursuant to
			 454 CMR
			 28.00 upon finding of sufficient cause. License and
			 Certificate applicants or holders must be advised by the Director in writing of
			 the proposed denial, revocation, suspension or refusal to renew and the reasons
			 therefore. Said parties have the right to appeal the Director's determination
			 through an administrative hearing in accordance with the provisions of M.G.L.
			 c. 30A, and
			 801 CMR
			 1.00:
Standard Adjudicatory Rules of Practice
			 and Procedure
by submitting a written request for such hearing within
			 14 calendar days of receiving notice of such administrative action.
(2)
Sufficient
			 Cause
. The following shall be sufficient cause for the Director's
			 denial, revocation, suspension or refusal to renew a license or certificate
			 issued pursuant to
			 454 CMR
			 28.00:
(a) False
			 statements in the application.
(b)
			 Omission or falsification of documentation or information required to be
			 submitted to the Director pursuant to any provisions of
			 454 CMR
			 28.00.
(c)
			 Failure to comply with the applicable provisions of M.G.L. c. 149 or M.G.L. c.
			 111F,
			 454 CMR
			 28.00, or rules or orders issued thereunder.
(d) Failure to comply with laws, rules and
			 regulations relating to occupational or public health and safety and
			 environmental protection.
(e)
			 Failure to maintain records required by
			 454 CMR
			 28.00 or documents incorporated by reference herein or
			 make them available to the Director upon request.
(f) Outstanding debt to the
			 Department.
(g) Failure to make
			 corrective actions based on enforcement issued by a regulatory agency,
			 including, but not limited to, notices of noncompliance, notices of
			 responsibility, notices of intent to assess an administrative penalty, orders,
			 consent orders, court judgments, written warnings, cease work orders,
			 settlement agreements, and civil citations.
(h) In the case of Certified Asbestos
			 Training Providers, or applicants for certification as Asbestos Training
			 Providers, the following shall also constitute sufficient cause:
1. Failure to demonstrate the ability to
			 provide the training courses for which the applicant seeks to be certified in
			 compliance with the requirements of
			 454
			 CMR 28.09;
2. Failure to provide or maintain the
			 standards of training required by
			 454 CMR
			 28.00; or
3. Failure to provide minimum instruction
			 required by
			 453 CMR
			 28.00.
(i) In the case of Certified Asbestos
			 Consulting Services and Asbestos Consultants or applicants for certification
			 thereto, the following shall also constitute sufficient cause:
1. Gross technical errors or errors of
			 judgment;
2. Failure to properly
			 execute authorized consultative activities;
(j) In the case of certified providers of
			 Analytical Services, or applicants for certification as providers of Analytical
			 Services, the following shall also constitute sufficient cause:
1. Failure to maintain successful
			 participation in required proficiency testing programs;
2. Gross technical errors or errors of
			 judgment relating to activities covered by the License; and
3. Loss of professional accreditation or
			 license, where such is a required qualification.
(k) Any other cause affecting the
			 responsibility of the license or certificate holder which the Director
			 determines to be of such serious and compelling nature as to warrant denial,
			 suspension, revocation or refusal to renew.