Code of Massachusetts Regulations
454 CMR - DEPARTMENT OF LABOR STANDARDS
Title 454 CMR 28.00 - The Removal, Containment, Maintenance, or Encapsulation of Asbestos
Section 28.16 - Administrative License and Certificate Actions/Denial, Revocation, Suspension or Refusal to Renew a License

Universal Citation: 454 MA Code of Regs 454.28

Current through Register 1531, September 27, 2024

(1) General Administrative Proceedings. The Director may deny, revoke, suspend or refuse to renew a license or certificate issued pursuant to 454 CMR 28.00 upon finding of sufficient cause. License and Certificate applicants or holders must be advised by the Director in writing of the proposed denial, revocation, suspension or refusal to renew and the reasons therefore. Said parties have the right to appeal the Director's determination through an administrative hearing in accordance with the provisions of M.G.L. c. 30A, and 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure by submitting a written request for such hearing within 14 calendar days of receiving notice of such administrative action.

(2) Sufficient Cause. The following shall be sufficient cause for the Director's denial, revocation, suspension or refusal to renew a license or certificate issued pursuant to 454 CMR 28.00:

(a) False statements in the application.

(b) Omission or falsification of documentation or information required to be submitted to the Director pursuant to any provisions of 454 CMR 28.00.

(c) Failure to comply with the applicable provisions of M.G.L. c. 149 or M.G.L. c. 111F, 454 CMR 28.00, or rules or orders issued thereunder.

(d) Failure to comply with laws, rules and regulations relating to occupational or public health and safety and environmental protection.

(e) Failure to maintain records required by 454 CMR 28.00 or documents incorporated by reference herein or make them available to the Director upon request.

(f) Outstanding debt to the Department.

(g) Failure to make corrective actions based on enforcement issued by a regulatory agency, including, but not limited to, notices of noncompliance, notices of responsibility, notices of intent to assess an administrative penalty, orders, consent orders, court judgments, written warnings, cease work orders, settlement agreements, and civil citations.

(h) In the case of Certified Asbestos Training Providers, or applicants for certification as Asbestos Training Providers, the following shall also constitute sufficient cause:
1. Failure to demonstrate the ability to provide the training courses for which the applicant seeks to be certified in compliance with the requirements of 454 CMR 28.09;

2. Failure to provide or maintain the standards of training required by 454 CMR 28.00; or

3. Failure to provide minimum instruction required by 453 CMR 28.00.

(i) In the case of Certified Asbestos Consulting Services and Asbestos Consultants or applicants for certification thereto, the following shall also constitute sufficient cause:
1. Gross technical errors or errors of judgment;

2. Failure to properly execute authorized consultative activities;

(j) In the case of certified providers of Analytical Services, or applicants for certification as providers of Analytical Services, the following shall also constitute sufficient cause:
1. Failure to maintain successful participation in required proficiency testing programs;

2. Gross technical errors or errors of judgment relating to activities covered by the License; and

3. Loss of professional accreditation or license, where such is a required qualification.

(k) Any other cause affecting the responsibility of the license or certificate holder which the Director determines to be of such serious and compelling nature as to warrant denial, suspension, revocation or refusal to renew.

(3) Conditional Licenses and Certificates, Consent Agreements and Probation. The Director may issue licenses and certificates subject to conditions specified therein, enter into consent agreements with the holder or place the license or certificate holder on probation for sufficient cause.

(4) Order of Summary Suspension and Hearing. The Director may summarily suspend a license or certificate on an emergency basis if, in his or her determination, the actions of the license or certificate holder present an immediate and serious threat to the health, safety or welfare of the workers or the general public. The Director shall issue a written order of summary suspension, stating the reason(s) therefor. The summary suspension order shall also notify the license or certificate holder of the date, time, and place of a hearing on the necessity for the summary suspension. Such hearing shall be held within seven days of issuance of the summary suspension order and shall be conducted in accordance with the provisions of M.G.L. c. 30A, and 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure. At the license or certificates holder's request, the Director may reschedule this hearing to a date and time mutually agreeable to the license or certificate holder and the Director. Any rescheduling of the hearing granted at the license or certificate holder's request shall not operate to lift the summary suspension order. Summary suspensions may be issued in conjunction with license or certificate revocations, suspensions, or refusals to renew.

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