Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 173.000 - Mobile Integrated Health Care and Community Ems Programs
Section 173.090 - Process for Denial, Revocation or Refusal of a Certificate of Approval for an MIH or Community EMS Program

Universal Citation: 105 MA Code of Regs 105.173

Current through Register 1531, September 27, 2024

(A) If the Department initiates an action to deny, revoke, or refuse to renew a Certificate of Approval, the Department shall provide the MIH or Community EMS Program with written notice of the reasons and grounds for the Department's action, the provisions of law relied upon, and an opportunity to resubmit the application within 30 calendar days of receipt of the notice of agency action. If the Department denies the resubmitted application, the MIH or Community EMS Program may request an adjudicatory hearing within 14 calendar days of receipt of the notice of agency action.

(B) Upon receipt of a request for hearing within the time period prescribed by 105 CMR 173.090(A), the Department shall afford the aggrieved party an opportunity for an adjudicatory hearing to be conducted by a designated hearing officer.

(C) If a hearing is not requested within the time period prescribed by 105 CMR 173.090(A), the right to a hearing shall be waived and a final agency decision shall be issued.

(D) All adjudicatory proceedings shall be conducted in accordance with M.G.L. c. 30A and 801 CMR 1.01: Formal Rules.

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