310 CMR, § 50.59 - Procedure Governing Disciplinary Proceedings

(1) The Department may suspend, deny, or revoke a planner's certification, or deny recertification for any good cause, including, but not limited to:

(a) gross negligence in complying with 310 CMR 50.50;

(b) fraud or misrepresentation in complying with 310 CMR 50.50;

(c) unethical conduct in complying with 310 CMR 50.50;

(d) failure to meet the recertification requirements set forth in 310 CMR 50.58;

(e) noncompliance with any provision of M.G.L. c. 21I or 310 CMR 50.00.

(2) As part of an action taken by the Department pursuant to 310 CMR 50.59(1) to deny, suspend or revoke certification or recertification, the Department may specify a time period, not to exceed three years, during which the planner may not apply to the Department for certification as a toxics use reduction planner.

(3) A planner may appeal a decision by the Department to suspend or revoke that planner's certification in accordance with M.G.L. c. 30A and 310 CMR 1.00, 310 CMR 4.00, and 310 CMR 50.60.

(4) Nothing in 310 CMR 50.59(1) shall constitute or be construed as limiting the Department's authority to take enforcement actions pursuant to other applicable laws and regulations.

(5) The Department may request that the toxics use reduction planner who is potentially the subject of an enforcement action pursuant to 310 CMR 50.59(1) or (2) to attend an informal conference.

(6) Whenever the Department determines that a planner has violated any provision of 310 CMR 50.50, the Department may require that the toxics use reduction planner attend and successfully complete a course of remedial education proscribed by the Department. Failure to successfully complete such a course of remedial education may be grounds for the Department to suspend or revoke certification, or to deny recertification.

Notes

310 CMR, § 50.59