105 CMR, § 120.150 - Modification and Revocation of Licenses

(A) The terms and conditions of all licenses shall be subject to amendment, revision, or modification or the license may be suspended or revoked by reason of amendments to M.G.L. c. 111, §§ 3, 5M, 5N, 5O and 5P, or by reason of rules, regulations, and orders issued by the Agency.

^*** These reporting requirements do not supersede or release licensees of complying with the requirements under the Emergency Planning and Community Right-to-Know Act of 1986, Title III, Pub. L. 99-499 or other state or federal reporting requirements.

(B) Any license may be revoked, suspended, or modified, in whole or in part, for any material false statement in the application or any statement of fact required under provisions of M.G.L. c. 111, §§ 3, 5M, 5N, 5O and 5P, or because of conditions revealed by such application or statement of fact or any report, record, or inspection or other means which would warrant the Agency to refuse to grant a license on an original application, or for violation of, or failure to observe any of the terms and conditions of M.G.L. c. 111, §§ 3, 5M, 5N, 5O and 5P, or of the license, or of any rule, regulation, or order of the Agency.

(C) Except in cases of willfulness or those in which the public health, interest or safety requires otherwise, no license shall be modified, suspended, or revoked unless, prior to the institution of proceedings therefor, facts or conduct which may warrant such action shall have been called to the attention of the licensee in writing and the licensee shall have been accorded an opportunity to demonstrate or achieve compliance with all lawful requirements.

Notes

105 CMR, § 120.150