Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 22.00 - Deleading and Lead-safe Renovation › Section 22.15 - Administrative License and Certification Actions - Denial, Revocation, Suspension or Refusal to Renew a License or Certificate; Penalties

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 22.00 upon finding of
			 sufficient cause. License or certificate applicants or holders shall be advised
			 by the Director in writing of the proposed denial, revocation, suspension or
			 refusal to renew and the reasons therefore. Said parties shall 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 to the
			 Director a written request for such hearing within 14 calendar days of the date
			 of the 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 22.00:
(a) False statements in the
			 application;
(b) Misrepresentation
			 or falsification of documentation or information required to be submitted to
			 the Director pursuant to any provisions of
			 454 CMR 22.00,
			 105 CMR 460.000:
Lead Poisoning Prevention and Control
and orders issued by the
			 Director or the Director of CLPPP pursuant to the same;
(c) Failure to comply with the applicable
			 provisions of M.G.L. c. 149 or 111F;
			 454 CMR 22.00; M.G.L. c. 111,
			 §§ 189A through 199B;
			 105 CMR 460.000:
Lead Poisoning Prevention and Control
; or rules or orders
			 issued thereunder;
(d) Failure to
			 comply with laws, rules and regulations relating to occupational or public
			 safety and health or to environmental protection;
(e) Failure to maintain records required by
			 454 CMR
			 22.13 or make them available to the Director
			 upon request;
(f) In the case of
			 Licensed Training Providers, or applicants for Licensed Training Provider
			 status, 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 22.07;
2. Failure to maintain the standards of
			 training or minimum instruction required by
			 454
			 CMR 22.07 and/or 22.08;
3. Failure to report to the Department any
			 change in staff or program which deviates from the information contained in the
			 application; or
4. Failure to
			 comply with the requirements set forth in
			 454
			 CMR 22.07(6)(a) through (h)
			 or any other applicable requirements of
			 454 CMR 22.00.
(g) 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.