Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 125.000 - Licensing of Radiologic Technologists
Section 125.020 - Grounds for Suspension of a License or Immediate Cessation of Activity
Universal Citation: 105 MA Code of Regs 105.125
Current through Register 1531, September 27, 2024
The Commissioner or his or her designee may summarily suspend a license or order immediate cessation of an activity, pending a hearing, whenever the Commissioner finds that public health, safety or the environment would be threatened by delay in issuance of an order. A radiologic technologist may not practice during the period of a suspension of his or her license or conduct a prohibited activity after notification of an order of immediate cessation of said activity.
(A) Immediate Suspension of a License or Immediate Cessation of Activity.
(1) If the Department
intends to order immediate suspension of a license or immediate cessation of an
activity, the Department will provide written notice stating the reason(s) for
an order requiring immediate suspension or immediate cessation of an activity
and the provisions of law relied upon. The immediate suspension or order of
immediate cessation of an activity shall take effect immediately upon issuance
of the notice.
(2) The Department
shall provide for a hearing pursuant to
801 CMR 1.01:
Formal Rules promptly after the issuance of an order of
immediate suspension or order of immediate cessation of an activity.
(3) In cases of suspension of a license or
immediate cessation of an activity, the Hearing Officer shall determine whether
the Department has proved by a preponderance of the evidence that there
existed, immediately prior to or at the time of the suspension or cease and
desist order, a threat to public health, safety or the environment.
(4) In the event that the Department
determines that the violation of state law or of
105 CMR 125.000 which posed
a threat is corrected prior to the decision of the Hearing Officer, the
Department may lift the suspension by giving written notice to the
licensee.
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