105 CMR, § 803.540 - Denial of Certification

(1) If an application for certification is denied on the basis of disputed facts, the denied applicant may request in writing an adjudicatory hearing within 14 calendar days of the notice of denial, provided the applicant submits written evidence, which the applicant would offer at a hearing sufficient to support the applicant's factual allegations.

(2) If an application for certification is denied by the Department on the basis of facts over which there is no material dispute, the applicant shall be notified in writing of the reasons for the denial. Any applicant aggrieved by a denial on the basis of undisputed facts is not entitled to an adjudicatory hearing but may seek judicial review under M.G.L. c. 30A, § 14.

Notes

105 CMR, § 803.540

Adopted by Mass Register Issue 1492, eff. 3/31/2023.