Current through Register 1531, September 27, 2024
(1)
Scope.
520 CMR
6.00 establishes general administrative provisions
including license issuance, license renewals, fees, examinations, and appeals
for all hoisting machinery licensure.
(2)
General Requirements for
Licensure .
(a) All applicants,
including those applying for an apprentice license, must be 18 years of age or
older.
(b) All applicants must
submit the following documentation:
1. A
completed application on a form authorized by the Department to operate
hoisting machinery as provided by the Department;
2. A fee to be determined annually by the
Secretary of Administration and Finance under the provisions of M.G.L. c. 7,
§ 3B;
3. A legible photocopy
of the applicant's valid DOT medical certificate, Intrastate Medical Waiver
from the Massachusetts Registry of Motor Vehicles or ANSI/ASME B30.5-2014
qualifications for operators. In the event that the DOT medical certificate or
Intrastate Medical Waiver expires prior to the expiration of the hoisting
license, the licensee shall submit a legible photocopy of the new certificate
or waiver as applicable;
4. A
photograph or permission to gain access to the Massachusetts Registry of Motor
Vehicles database if applicant is a resident of Massachusetts;
5. A legible photocopy of the applicant's
valid driver's license, valid Massachusetts ID issued by the Massachusetts
Registry of Motor Vehicles, or driver's license learner's permit. In the event
that the applicant's driver's license, Massachusetts ID, or learner's permit
expires prior to the expiration of the hoisting license, the applicant shall
submit a legible photocopy of the new license, Massachusetts ID, or permit when
it is received;
6. In addition to
the requirements of 520 CMR 6.02(2)(b)1. through 5., applicants for an
apprentice license must also submit a copy of their Annual Apprentice ID Card
issued by the DAT.
(3)
Examination for License to
Operate Hoisting Machinery.
(a)
Written.
1. All
applicants for a license to operate hoisting machinery license shall pass a
written examination administered by the Department by earning a minimum grade
of 70% and must demonstrate knowledge of the following:
a. the operation of the equipment for which
they are being examined;
b. the
ability to comprehend and interpret all placards, operation manuals, safety
codes and other information pertinent to safe hoisting operations in the
English language;
c. emergency
procedures;
d. Massachusetts
General Laws and regulations as they relate to hoisting machinery.
2. Pursuant to M.G.L. c. 146,
§ 57, individuals receiving a failing score may not retake an examination
for a license to operate hoisting machinery within 60 days of the previous
examination.
3. In addition to the
written examination, applicants for licensure to operate hoisting machinery may
be required to pass a practical examination at the discretion of the Department
or if required by Federal law for the specific type of equipment for which they
have applied to operate.
(b)
Practical
Examination. Applicants taking the practical examination must
demonstrate knowledge of the following:
1. The
ability to operate the equipment for which they are being examined;
2. The ability to comprehend and interpret
all placards, operators' manuals, safety codes and other information pertinent
to safe hoisting operations;
3. The
ability to comprehend and interpret hand signals;
4. The ability to communicate in
English;
5. Emergency
procedures;
6. Applicable
Massachusetts General Laws and regulations as they relate to hoisting
machinery.
(4) Hoisting licenses shall be carried on the
person of the operator during all times the operator is operating hoisting
machinery and shall be furnished for inspection by the operator at the request
of the Chief or Inspector or the Commissioner.
(5)
Denial; Appeals.
(a) The Department may refuse to issue a
license to an applicant based on the following grounds:
1. Submittal of an incomplete application or
submittal of an application on a form not authorized by the
Department;
2. Failure to submit
required fees;
3. Submittal of
false, invalid, incorrect or fraudulent information;
4. If at the time of application, the
applicant is under investigation by the Department;
5. Failure to pass a practical examination
(if required);
6. Failure to pass
the required written examination.
(b) If the Department refuses to issue a
license based upon any of the reasons set forth in 520 CMR 6.02(5)(a)1. through
6. it shall notify the applicant in writing, setting forth the reasons for the
denial. Within one week of receipt of the denial, the applicant may make
written demand on a form authorized by the Department to the Chief for a
hearing before a board of appeals consisting of three Department Inspectors
appointed by the Chief or the Chief and two Inspectors. The hearing shall be
held promptly and in accordance with M.G.L. c. 30A and
801 CMR
1.02: Informal/Fair Hearing
Rules.
(c)
Failure to Pass Written Examination as Required by 520 CMR
6.02(5)(a)6. The results of the written examination shall be
posted on the Department's website (
www.mass.gov/dps). If an applicant receives a
failing score, the applicant may make written demand upon the Chief for a
hearing. The written demand must be submitted on a form authorized by the
Department within one week of the examination score being posted on the
website. The hearing shall be held before a board of appeals consisting of
three Department Inspectors appointed by the Chief or the Chief and two
Inspectors. The hearing shall be held promptly and in accordance with M.G.L. c.
30A and
801 CMR
1.02:
Informal/Fair Hearing
Rules.
(d) If, after a
hearing pursuant to 520 CMR 6.02(5)(b) or (c), the board of appeals denies the
issuance of the license, it shall notify the applicant in writing. Such notice
shall be sent by certified mail and/or first class mail and shall contain the
reasons supporting the denial. Within 30 days after receipt of the notice, the
applicant may appeal such denial to Superior Court in accordance with M.G.L. c.
30A, § 14.
(6)
License Renewals. All applicants for renewal licensure
shall submit the following to the Department:
(a) A certificate of completion evidencing
the satisfaction of continuing education hours required pursuant to
520 CMR
6.04;
(b) A completed application with a valid and
current mailing address and email address on a form authorized by the
Department to operate Hoisting Machinery as provided by the
Department;
(c) A fee to be
determined annually by the Secretary of Administration and Finance under the
provisions of M.G.L. c. 7, § 3B;
(d) A legible photocopy of the applicant's
valid DOT medical certificate, Intrastate Medical Waiver from the Massachusetts
Registry of Motor Vehicles or ANSI/ASME B30.5-2014 qualifications for
operators. In the event that the DOT medical certificate or Intrastate Medical
Waiver expires prior to the expiration of the hoisting license, the licensee
shall submit a legible photocopy of the new certificate or waiver as
applicable;
(e) A photograph or
permission to gain access to the Massachusetts Registry of Motor Vehicles
database if applicant is a resident of Massachusetts;
(f) A legible photocopy of the applicant's
valid driver's license, valid Massachusetts ID issued by the Massachusetts
Registry of Motor Vehicles, or driver's license learner's permit. In the event
that the applicant's driver's license, Massachusetts ID, or learner's permit
expires prior to the expiration of the hoisting license, the applicant shall
submit a legible photocopy of the new driver's license, Massachusetts ID, or
permit when it is received.
In accordance with M.G.L. c. 146, § 67, a notice of the
date of expiration of a license shall, at least 30 days prior to such date, be
sent to the licensee. It is the responsibility of the licensee to notify the
Department of any changes to their mailing address and email address. Failure
to provide the Department with a valid and current mailing address and email
address may result in the delay of a license renewal. Licenses not renewed at
expiration date shall become void, and shall after one year be reinstated only
by re-examination of the Licensee.
(7)
Renewals of Apprentice
Licenses .
(a) Apprentice
licenses shall be valid for the term of registration. Apprentice licenses may
be renewed upon the submission of a copy of the applicant's Annual Apprentice
ID Card issued by the DAT as proof that the apprentice licensee remains
registered with the Division of Apprentice Training of the Department of Labor
Standards.
(b) Applicants for
apprentice license renewals shall also submit the following:
1. A complete application with a valid and
current mailing address and email address for renewal of an apprentice license
to operate hoisting machinery as provided by the Department;
2. A fee to be determined annually by the
Secretary of Administration and Finance under the provisions of M.G.L. c. 7,
§ 3B;
3. A valid DOT medical
certificate documenting that the applicant meets the criteria for a DOT medical
examination, Intrastate Medical Waiver from the Massachusetts Registry of Motor
Vehicles or ANSI/ASME B30.5-2014 qualifications for operators;
4. A certificate of completion;
5. A photograph or permission to gain access
to the Massachusetts Registry of Motor Vehicles database if applicant is a
resident of Massachusetts;
6. A
legible photocopy of a valid driver's license, valid Massachusetts ID issued by
the Massachusetts Registry of Motor Vehicles, or driver's license learner's
permit.
In accordance with M.G.L. c. 146, § 67, a notice of the
date of expiration of an apprentice license shall, at least 30 days prior to
such date, be sent to the apprentice licensee. It is the responsibility of the
apprentice licensee to notify the Department of any changes to their mailing
address and email address. Failure to provide the Department with a valid and
current mailing address and email address may result in the delay of an
apprentice license renewal. Apprentice licenses not renewed at expiration date
shall become void, and shall after one year be reinstated only by
re-examination of the apprentice licensee.