Code of Massachusetts Regulations
309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS
Title 309 CMR 7.00 - Procedure Governing Disciplinary Proceedings And Other Dispositions
Section 7.06 - Disposition by the Board

(1) The members of each Complaint Review Team shall present their report summarizing the findings of their preliminary investigation to the other Board members at a quasi-judicial session of the Board. The members of the Board who did not serve on the Complaint Review Team shall then either recommit the matter to the Complaint Review Team for further investigation or determine whether there are sufficient grounds to initiate disciplinary action or other disposition as described in 309 CMR 7.02.

(2) If the Board determines that based on the preliminary investigation it has sufficient grounds to initiate disciplinary action or other disposition as described in 309 CMR 7.02, the Board shall review the Complaint Review Team's supplemental memorandum and take such action as it deems appropriate, including, but not limited to, issuing an order, commencing an adjudicatory proceeding, imposing discipline or other disposition by agreement, or disposing of the matter at an informal conference.

(3) If the Board determines that it does not have sufficient grounds to initiate disciplinary action or other disposition as described in 309 CMR 7.02, it shall dismiss the complaint. In dismissing a complaint, the Board may issue the respondent a warning or admonition, that is not considered a disciplinary action, not to engage in certain conduct. Both the complainant and the respondent shall promptly be notified of the dismissal of a complaint and the basis for the dismissal. A complainant shall have 30 days to petition the Board to reconsider the dismissal of the complaint for good cause shown.