Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 168.000 - Licensure Of Alcohol And Drug Counselors
Section 168.020 - Adjudicatory Proceeding

Universal Citation: 105 MA Code of Regs 105.168

Current through Register 1531, September 27, 2024

(A) If the Department determines that a license should be suspended, denied, revoke or refused renewal, it shall provide written notice to the applicant or licensee of:

(1) the intended actions;

(2) the reasons and grounds therefore; and

(3) the applicant's or licensee's right to file a written request for an adjudicatory hearing in accordance with M.G.L. 30A and 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure.

(B) Where denial, refusal or renew, revocation or suspension is based solely on the failure of the licensee to file timely an application or pay prescribed fees or to maintain insurance coverage as required by law regulation, the Department may act without first granting the applicant or licensee a hearing.

(C) Suspension Proceeding. Upon the suspension of a license, the following shall occur:

(1) the suspension shall take effect immediately upon issuance of a notice;

(2) upon written request, the licensee shall be afforded an opportunity to be heard concerning the suspensions of the license by the Department;

(3) if the applicant or licensee request a hearing, the Department shall initiate an adjudicatory hearing pursuant to 801 CMR 1.00et seq. No later that 21 calendar days after the date of the suspension;

(4) 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, an immediate and serious threat to the public health, safety or welfare.
(A) Denial, Revocation, or Refusal to Renew. Upon the denial, revocation or refusal to renew a license, the following shall occur:
(1) upon receipt of Notice of Claim for an Adjudicatory Proceeding, the Department shall initiate a hearing pursuant to 801 CMR 1.01 et seq.

(2) the hearing officer shall determine whether the Department has proved by a preponderance of evidence that the license should be denied, revoked or not renewed based upon relevant facts as they existed at or prior to the time that the Department initiated the action;

(3) if the hearing officer finds a single ground for denial, revocation or refusal to renew a license, the hearing officer shall render a tentative decision affirming the Department's decision.

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