105 CMR, § 158.019 - Procedure for the Suspension or Revocation of a License, Refusal to Renew a License, and Denial of a License

(A) If the Commissioner or his or her designee determines that a licensee is not suitable or responsible or that a license should be suspended, revoked, or refused renewal pursuant to 105 CMR 158.000, the Commissioner or his or her designee shall issue an Agency Notice of Action, pursuant to 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure.

(B) Upon written request, the licensee shall be afforded an opportunity to be heard concerning the suspension, revocation, or refused renewal of a license by the Commissioner or his or her designee. Such a hearing, if requested, shall be initiated by filing a Claim for Adjudicatory Proceeding pursuant to 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure no later than 21 calendar days after the effective date of the suspension, revocation, or refused renewal.

(C) In cases of suspension of a license, the hearing officer shall determine whether the Department has proved by a preponderance of the evidence that jeopardy existed immediately prior to or at the time of the suspension.

(D) In cases of revocation of or refusal to renew a license, the hearing officer shall determine whether the Department has proved by a preponderance of the evidence that the license should be revoked or refused renewal, based on relevant facts as they existed at or prior to the time the Commissioner or his or her designee issued the Agency Notice of Action.

(E) License Denial.

(1) Upon receipt of notice that an application for licensure hereunder has been denied, an applicant may appeal to a hearing officer by filing a Claim for Adjudicatory Proceeding in accordance with 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure.

(2) In cases of denial of an original license, the hearing officer shall determine whether the applicant has proved by preponderance of the evidence that he or she is suitable and responsible for licensure under 105 CMR 158.000.

Notes

105 CMR, § 158.019

Adopted by Mass Register Issue 1277, eff. 1/2/2015.