Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES
Section 153.019 - Hearings: Scope of Review
Universal Citation: 105 MA Code of Regs 105.153
Current through Register 1531, September 27, 2024
(A) Determination of Suitability and Responsibility: Any hearing officer conducting a hearing hereunder shall determine the suitability or responsibility of any applicant or licensee on request, whether or not the applicant or licensee is licensed at the time the determination is made.
(B) If a hearing officer finds:
(1) that the applicant or licensee is
unsuitable or not responsible under any single provision of
105 CMR
153.012(A); or
(2) that the applicant or licensee is
unsuitable or not responsible under any combination of factors listed in
105 CMR
153.012(B); then the hearing
officer shall uphold the decision of the Commissioner that the licensee is not
suitable or responsible.
(C) If the hearing officer finds any single ground for denial of, revocation of or refusal to renew a license pursuant to 105 CMR 153.014, the hearing officer shall uphold the decision of the Commissioner to deny, revoke or refuse to renew the license.
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