(1)
Each application for registration shall be granted or denied by the director
within 40 calendar days from the date of submission. Upon receipt of a complete
application, the department shall review said application and supporting
documentation. The department shall have the right to investigate and determine
whether the PEO may be registered. In making such determinations, the
department may utilize information from all sources legally available to it,
including but not limited to, information provided by the applicant,
information in the public domain and information supplied through government
agencies, inspections, hearings, and testimony.
(a)
Approval of
Application. Persons who submit registration applications which
are approved by the director shall be notified in writing in the form of a
certificate of registration.
(b)
Denial of Registration and Opportunity for Adjudicatory
Hearing. If the director finds that the applicant does not meet
the requirements for registration or that the applicant has provided
incomplete, unclear, or untruthful information, or the applicant or authorized
representative failed to appear at a hearing as required by the department, the
application shall be denied and shall not be granted.
(c)
Issuance of Registration with
Conditions. The director may register a PEO with conditions. Said
conditions shall be clearly stated in the director's decision.
(d)
Failure to Uphold
Registration Conditions. If a PEO fails to uphold the conditions
of any registration, said PEO shall be suspended or revoked by the director,
pursuant to 454 CMR 30.15.
(e)
Appeals. If the director denies an application for
registration or grants a registration with conditions that are unacceptable to
an applicant, said applicant shall have 30 calendar days from the date of the
receipt of the director's decision to file an appeal, otherwise, the director's
decision shall become final. In the case of a timely appeal, the applicant
shall be afforded an administrative hearing in accordance with the Standard
Adjudicatory Rules of Practice and Procedure,
801 CMR 1.01:
Formal Rules, or as otherwise agreed by the parties.
(f)
Judicial Review.
After the issuance of a decision following an administrative review, any person
aggrieved by the final decision shall be entitled to a judicial review thereof
in accordance with M.G.L. c. 30A, § 14.
