522 CMR, § 1.06 - Inspection Extension Request Procedure
(1)
Application. Pursuant to M.G.L. c. 146, § 6, an
Owner/User or Engineer in Charge may apply to the Chief for an extension of a
Certificate prior to its expiration. The extension period shall not exceed six
months.
(a) Application for an inspection
extension shall be made on a form approved by the Board for this purpose, shall
be signed by the applicant, and shall include a letter from an Authorized
Inspector or, if not insured, a letter from a District Engineering Inspector.
The letter shall provide guidance to the Chief on the condition of the
Boiler.
(b) Upon receipt of an
application, the Chief shall review the request as soon as practicable and make
a decision to either:
1. Grant the extension
as requested;
2. Grant the
extension with conditions;
3. Deny
the extension request; or
4.
Request additional information.
(2) Any person aggrieved by the Chief's
decision may file a request for review by the Board.
(3)
Board Action.
Upon receipt of an appeal, the Board shall review the request as soon as
practicable and make a decision to either:
(a)
Grant the extension as requested;
(b) Grant the extension with
conditions;
(c) Deny the extension
request;
(d) Request additional
information; or
(e) Commence an
adjudicatory hearing to further review the extension request. Hearings will be
held in accordance with the provisions of M.G.L. c. 30A, and
801
CMR 1.02: Informal/Fair Hearing
Rules.
(4) Any
person aggrieved by the Board's decision made after an adjudicatory hearing may
appeal to the Superior Court in accordance with M.G.L. c. 30A, §
14.
(5) All petitions and inquiries
to the Board shall be submitted in writing.
(6) All requests for extension of the
inspectional requirement approved or disapproved by the Chief shall bee
reviewed and entered into record bu the Board.
Notes
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