Code of Massachusetts Regulations
528 CMR - BUREAU OF PIPEFITTERS AND REFRIGERATION TECHNICIANS
Title 528 CMR 11.00 - Prerequisites For Examinations For Pipefitters, Refrigeration Technicians, And Sprinkler Fitters
Section 11.06 - License Denials and Disciplinary Actions
Universal Citation: 528 MA Code of Regs 528.11
Current through Register 1537, December 20, 2024
(1) Denials of Licensure and Examination.
(a)
Denial. The
Division may refuse to examine or license an applicant for the following
reasons:
1. Submission of an incomplete
license application.
2. Failure to
submit the required fees.
3.
Submission of false, invalid, incorrect or fraudulent information,
4. The applicant is not eligible for renewal
or licensure.
5. Applicant does not
meet the requirements for licensure under 528 CMR 11.00.
6. Failure of the examination administered by
the Division.
7. A determination
that the applicant does not possess the integrity and general fitness to work
in a safe manner and in the public interest consistent with the purposes of 528
CMR 11.00 or other sufficient cause.
(b)
Appeals (other than
contesting examination results).
1. If the Division refuses to examine or
license the applicant it shall notify the applicant in writing setting forth
the reasons for denial.
2. Within
21 days after receipt of the denial, the applicant may appeal the Division's
decision by making written demand for a limited hearing. Said demand must set
forth facts that refute the facts upon which the Division has based its
decision. If the applicant meets this requirement, the Bureau, or such persons
or entities as it so delegates, shall conduct a hearing in accordance with
M.G.L. c. 30A. If the denial is for failure to pay a fee, the applicant is not
entitled to a hearing, but may resubmit the license application with the
requisite fees.
3. If, after
conducting a limited hearing, the Bureau or its designee denies the appeal of
the applicant, it shall notify the applicant in writing. Such notice shall be
sent no later than 30 days after the hearing is concluded, and shall contain
the reasons for denial. Within 30 days after receipt of the notice, the
applicant may appeal to Superior Court pursuant to M.G.L. c. 30A, §
14.
(c)
Appeals of examination results. Candidates who receive
an unfavorable result on an examination may appeal that result subject to
procedures and criteria set by the Commissioner. No further review of
examination results shall be permitted.
(2) Disciplinary Actions.
(a) In addition to any
fines/civil administrative penalties issued pursuant to M.G.L. c. 22, §22
or M.G.L. c. 112, §61, or M.G.L. c. 146, § 89, a licensee may be
reprimanded, placed on probation, suspended, or revoked by the Commissioner or
their designee after a hearing is conducted pursuant to M.G.L. c. 30A, or if
the public interest requires prior to an adjudicatory hearing, for any of the
following reasons:
1. False or misleading
information on the license application or license renewal;
2. Any violation of a provision of M.G.L. c.
146, §§ 81 through 89;
3.
Any violation of a provision of 528 CMR;
4. Engaging in conduct which places into
question the licensee's competence to practice the profession, such as working
in an unsafe manner;
5. Engaging in
dishonesty, fraud or deceit which is reasonably related to the practice of the
profession, such as behavior that demonstrates untrustworthiness;
6. Practicing the profession beyond the
authorized scope of the license held;
7. Practicing the profession while the
licensee's ability to practice was impaired by alcohol or drugs;
8. The licensee has been convicted of a
criminal offense which is reasonably related to the practice of the
profession;
9. The licensee has
permitted, aided, or abetted, an unauthorized person in performing activities
requiring a license;
10. The
licensee holds or has held a license, certificate, registration, or authority
issued by another governmental authority which has been revoked, cancelled,
suspended, not renewed, or otherwise disciplined. For purposes of this
requirement, another government authority can include, but not be limited to, a
state or territory of the United States, the District of Columbia, another
Massachusetts governmental authority, or a foreign state or nation;
or
11. Any other ground delineated
in M.G.L. c. 112, §61.
(b) Procedure for suspending a license prior
to a hearing in the interest of public safety.
1. Whenever the Commissioner or their
designee suspends a license prior to an administrative hearing, he or she shall
immediately notify the licensee in writing and provide a hearing date within
ten days of said action.
2. Upon
receipt of such notice, the licensee shall immediately return his or her
license to the Division pending the outcome of the hearing.
(c) Procedure for disciplining a
license.
1. Whenever the Commissioner or
their designee determines that disciplinary action may be taken against a
licensee, he or she may hold a hearing relative to the license.
2. Hearings shall be conducted in accordance
with M.G.L. c. 30A and, as determined by the Commissioner,
801
CMR 1.01: Formal Rules or
801
CMR 1.02: Informal/Fair Hearing
Rules.
3. If the Licensee
is aggrieved by a final decision disciplining a license, the licensee may,
within the statutory 30 day deadline, appeal that decision pursuant to M.G.L.
c. 30A, §14.
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