Current through Register 1531, September 27, 2024
(1) A licensed site
professional must renew his or her license every three years to maintain his or
her license. Each license issued by the Board shall expire at the close of
business on the expiration date assigned on the date of issuance unless it is
renewed or extended by the Board. The initial expiration date assigned shall be
the 30th of the month of January, April, July, or
October three years from the date of issuance, whichever of said dates is or
occurs soonest after three years from the date of issuance. As of June 30,
2002, the next license expiration date for each LSP whose existing license
expiration date does not fall on a 30th of January,
April, July, or October shall be extended to the
30th of January, April, July, or October, whichever
date occurs soonest after each LSP's existing license expiration
date.
(2) To apply to renew a
license, a licensed site professional shall:
(a) submit for approval to the Board prior to
the date of expiration of his or her license a completed renewal application
form setting forth such information as the Board may direct, including whether
the licensee has since his or her last LSP license renewal been disciplined by
other professional licensing or professional certifying authorities and, if so,
an explanation of the circumstances;
(b) include with such application form a
check or money order made payable to the Commonwealth of Massachusetts in the
full amount of the non-refundable license renewal processing fee established by
the Secretary of Administration and Finance pursuant to M.G.L. c. 7, § 3B,
and published in
801 CMR
4.00; and
(c) demonstrate to the Board's satisfaction
that he or she has fulfilled the continuing education requirements set forth in
309 CMR
3.09 or obtained a waiver of those
requirements in accordance with
309 CMR
2.12.
(3) A licensed site professional whose
license has been suspended shall be subject to the following additional license
renewal requirements:
(a) If the licensee's
license expiration date has not been reached when the suspension period ends,
the license expiration date does not change. The license renewal requirements
remain as described in 309 CMR 3.06(2), except that the Board may, when issuing
the suspension, require the licensee to obtain additional continuing education
credits as a condition of license renewal.
(b) If the licensee's license expiration date
would be reached before the suspension period ends, the license expiration date
shall be extended to the end of the suspension period. The LSP must renew his
or her license as a condition of having his or her license reinstated at the
end of the suspension period. The Board shall not reinstate the license unless
and until the licensee's license has been renewed. The license renewal
requirements remain as described in 309 CMR 3.06(2), with the following
exceptions:
1. The Board may, when issuing the
suspension, require the licensee to obtain additional continuing education
credits as a condition of license renewal; and
2. For each full year that the suspension
extends beyond the LSP's nominal renewal date, the minimum number of credits
required in each credit category shall be increased automatically by one-third
(1/3) of the number specified in
309 CMR
3.09(3);
3. If the LSP renews his or her license and
it is reinstated, the LSP's next license expiration date shall be the
30th of January, April, July, or October three years
thereafter, whichever of said dates occurs soonest after three years from the
date the license was reinstated; and
4. If the LSP fails to renew his or her
license within 90 days after the date the term of suspension was scheduled to
end, his or her license shall lapse and may not be renewed thereafter. In such
instances, the individual may reapply in the manner specified in 309 CMR
3.06(4)(b).
(4) If a licensed site professional whose
license is not suspended fails to renew his or her license in accordance with
309 CMR 3.06(2), his or her license shall lapse at the close of business on the
date of expiration of his or her license. A person whose license has lapsed and
not been renewed by the Board shall not act as, advertise as, hold him self or
her self out to be, or represent him self or her self as being, a licensed site
professional. A person whose license has lapsed may re-obtain a license to
practice in the following manner:
(a) A person
whose license has lapsed may renew his or her license at any time during the
following year by meeting all the renewal requirements set forth in 309 CMR
3.06(2), including the payment of the applicable license renewal processing
fee. A license that is renewed during the year after it has lapsed shall run
for three years from the 30th of January, April,
July, or October, whichever date is or occurs soonest after the date the Board
approves the license renewal.
(b) A
person who fails to renew his or her license within one year of the date of
expiration of his or her license may thereafter reapply by submitting the
following:
1. a limited licensure application
in a form approved by the Board, and
2. the full application fee described in
309 CMR 2.08.
If the application is approved, the applicant must pay a full
examination fee and pass a licensing examination within the following two years
to obtain a full license, and he or she may not act as, advertise as, hold
himself or herself out to be, or represent himself or herself as being, a
licensed site professional until her or she has passed an examination.
(5)
Notwithstanding 309 CMR 3.06(4), if at the time he or she must submit a renewal
application form a licensed site professional has obtained all but 12 or fewer
of the continuing education credits required to renew his or her license, the
licensed site professional may apply to the Board for a 90-day extension of his
or her license expiration date for the purpose of obtaining the additional
required continuing education credits.
(a) To
apply for this 90-day extension, a licensed site professional must do both of
the following prior to the date of expiration of his or her license:
1. submit a completed renewal application
form demonstrating that the licensed site professional has earned all but 12 or
fewer of the continuing education credits required to renew his or her license,
and
2. remit the required
applicable license renewal processing fee.
(b) After verifying that the licensed site
professional has earned all but 12 or fewer of the continuing education credits
needed to renew the license and that the license renewal processing fee has
been paid, the Board will notify the licensed site professional that the 90-day
extension has been allowed and how to submit documentation of the additional
required credits once obtained. At the time the licensed site professional
submits documentation of having earned the additional required credits, he or
she must again pay a license renewal processing fee. A license that is renewed
during the 90-day extension period shall be assigned the expiration date that
would have been assigned if the applicant had renewed his or her license
without requesting a 90-day extension.
(c) Only one extension will be granted to
each LSP at the end of each three-year licensure period.
(d) If a licensed site professional who has
been granted a 90-day extension fails to earn the additional required credits
or fails to submit documentation thereof by the end of the extension period,
his or her license shall lapse at the close of business on the last day of the
extension period, and the late renewal and reapplication provisions of 309 CMR
3.06(4) shall apply; provided however, the one-year period for renewing his or
her license without reapplying shall be deemed to have commenced on the
original license expiration date and not at the end of the 90-day extension
period.
(e) No portion of the
credits for a continuing education course required to fulfill the requirements
of one renewal period may be carried over into the subsequent renewal
period.
(6)
Notwithstanding 309 CMR 3.06(4), a licensed site professional who has submitted
to the Board prior to the expiration of his or her license either a complete
license renewal application or a complete application for a 90-day extension,
has enclosed the required documentation demonstrating that he or she has
fulfilled the applicable continuing education requirements, and has paid the
proper renewal processing fee may continue to render waste site cleanup
activity opinions until either:
(a) the Board
renews his or her license; or
(b)
the Board notifies such LSP that his or her application for license renewal or
for a 90-day extension does not conform with the requirements set forth in 309
CMR 3.06 or, if a licensed site professional has a right to and requests an
adjudicatory hearing, until the date the Board issues a final decision pursuant
to that request.
(7) The
Board in its discretion may renew a license provisionally or subject to such
conditions as the Board deems appropriate.
