105 CMR, § 675.018 - Certificates: Suspension and Revocation

(A) Immediate Suspension/ Emergency Closure.

(1) The board of health or the Bureau or the authorized agent of either may, without prior notice or hearing, suspend a certificate of approval and order the indoor skating rink to close if an imminent health hazard is found to exist. An imminent health hazard shall be deemed to exist if the levels of carbonmonoxide or nitrogen dioxide in an indoor skating rink are found, by the taking of one or more air samples by the operator, or the board or Bureau or the authorized agent of either, to exceed evacuation air levels, or if such air levels are otherwise considered by the board, Bureau or either of their authorized agents, to constitute an actual danger to the health of employees or users of the indoor skating rink or visitors to the indoor skating rink. The local fire department shall be notified by the board of health of a suspension/emergency closure as soon as possible.

(2) Whenever a suspension is imposed in this manner, the operator shall be notified of the suspension in writing. The notice shall:

(a) state that the board of health or the Bureau has determined that an imminent health hazard exists which requires the immediate suspension of operations;

(b) list the finding(s) leading to the determination that an imminent health hazard exists; and

(c) state that a hearing will be held if a written request for hearing is filed with the board of health or the Bureau by the certificate holder within ten days of receipt of the notice of suspension.

(3) The suspension shall be effective upon posting of the notice of suspension on the premises.

(4) The board of health or the Bureau shall hold a hearing on the suspension within three business days after receipt of a written request for a hearing.

(5) Whether or not a hearing is requested, the board of health or the Bureau may end the suspension at any time if reasons for the suspension no longer exist.

(B) Suspension with Prior Notice.

(1) The board of health may, after providing an opportunity for a hearing, suspend a certificate of approval if the in door skating rink does not comply with the requirements of 105 CMR 675.000.

(2) Notice of the board's intent to suspend a certificate shall be given by the board of health to the operator in writing. The notice shall specify the violations for which the certificate is to be suspended and shall state that the certificate shall be suspended at the end of ten days following service of such notice unless a written request for hearing is filed with the board of health by the certificate holder within such ten day period. If no request for hearing is filed within the ten day period, the certificate shall be suspended for the period of time specified in the suspension notice.

(3) If no hearing is requested or if, after a hearing, the decision to suspend the certificate is upheld, the board shall serve a second notice on the operator stating that the certificate is suspended and setting forth the time period of the suspension and the starting date of the suspension. The notice shall also state that the ice skating rink must be closed on the date specified in the notice and remain closed during the entire suspension period, unless the board explicitly allows it to be reopened at an earlier time. The notice shall be posted on the premises by the operator.

(C) Revocation.

(1) The board of health may, after providing opportunity for a hearing, revoke a certificate for:

(a) serious or repeated violations of any of the requirements of 105 CMR 675.000;

(b) interference with the board of health or its authorized agents in the performance of its duty;

(c) a criminal conviction of the permit holder relating to the operation of the indoor skating rink; or

(d) for keeping or submitting any misleading or false records or documents required by 105 CMR 675.000.

(2) Notice of the board's intent to revoke a certificate shall be given by the board of health to the operator in writing. The notice shall specify the reason(s) for which the certificate is to be revoked and shall state that the revocation shall be imposed at the end of the ten days following service of such notice unless a written request for hearing is filed with the board of health by the operator within such ten- day period. If no request for hearing is filed within the ten-day period, the certificate shall be revoked.

(3) If no hearing is requested or if, after a hearing, the decision to revoke the certificate is upheld, the board shall serve a second notice on the operator stating that the certificate is revoked, and the effective date of the revocation. The notice shall also state that the ice skating rink must be closed on the effective date of the revocation and must remain closed unless and until the revocation is rescinded or a new license is issued for the facility. The notice shall be posted on the premises by the operator.

(D) Service of Notices. All notices of intent to suspend or revoke a certificate and all notices of suspension or revocation of a certificate required under this section shall be served on the owner or operator of the indoor skating rink as follows:

(1) By sending him a copy of the notice by registered or certified mail, return receipt requested; or

(2) Personally, by any person authorized to serve civil process; or

(3) If, and only if, the aforementioned methods of service are unsuccessful, service may be made, by any person authorized to serve civil process, by leaving a copy of the notice with some responsible person at the indoor skating rink.

Notes

105 CMR, § 675.018