Code of Massachusetts Regulations
520 CMR - DEPARTMENT OF PUBLIC SAFETY
Title 520 CMR 13.00 - The Operation Of Horse Drawn Carriages For Public Hire On Public Roads And Ways On The Commonwealth To Ensure Public Safety
Section 13.12 - Suspension or Revocation of License, Appeal Process

Universal Citation: 520 MA Code of Regs 520.13

Current through Register 1531, September 27, 2024

Suspension or Revocation of Certificate of Competency or License.

(1) Administrative action, up to and including revocation of a License or Certificate of Competency may be taken for the following reasons:

(a) Failure to properly maintain records pursuant to 520 CMR 13.05(2);

(b) Operating in a manner likely to cause injury;

(c) Operating a Horse Drawn Carriage without proper authorization from the Department;

(d) The knowing submission of false, invalid, incorrect or fraudulent information to the Department;

(e) Failure to maintain the required insurance;

(f) Permitting an individual to operate the Horse Drawn Carriage who does not have a Certificate of Competency except for an Apprentice who is fulfilling apprenticeship requirements under direct personal supervision of a certified Driver;

(g) Failure to take corrective action as ordered pursuant to 520 CMR 13.04(16);

(h) Any violation of an automobile law as defined by M.G.L. c. 90C § 1 or of a local motor vehicle law or regulation is subject to ticketing and fines as established by the Commonwealth and/or the town or locality;

(i) For any violation of any provision of 520 CMR 13.00.

(2) Whoever violates any provision of 520 CMR 13.00 or prevents or attempts to prevent the Commissioner or any Inspector or any other person designated by the Commissioner from entering on any premises in the discharge of his or her duties or receiving requested information or documents with respect to this act shall be punished by a fine of not less than $250 nor more than $3,000.

(3) Notice of Violations; Hearing and Appeals.

(a) Notice of Violation. The Department shall send written notice of the alleged violation(s) to the Licensee or holder of the Certificate of Competency.

(b) Hearings. All hearings held pursuant to 520 CMR 13.12 shall be conducted in accordance with 801 CMR 1.02: Informal/Fair Hearing Rules and M.G.L. c. 30A.

(c) Appeal. Any person aggrieved by a determination of the Commissioner or his or her designee may appeal to the Superior Court in accordance with M.G.L. c. 30A, § 14.

(4) Appeals.

(a) A person aggrieved by the decision of the Commissioner or Inspector in suspending or revoking the Licensee to act as a licensed Horse Drawn Carriage Company, or a Certificate of Competency to be a Carriage Horse Driver may, within ten days, make written demand upon the Commissioner for a hearing before the Commissioner or his or her designee to determine the reasonableness of the Commissioner's action. The hearing shall be held promptly and in accordance with M.G.L. c. 30A and 801 CMR 1.02: Informal/Fair Hearing Rules.

(b) Any person aggrieved by a decision made after a hearing may appeal to the Superior Court in accordance with M.G.L. c. 30A § 14.

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