Code of Massachusetts Regulations
700 CMR - DEPARTMENT OF TRANSPORTATION
Title 700 CMR 3.00 - Control And Restriction Of Billboards, Signs, And Other Outdoor Advertising Devices
Section 3.09 - License and Permit Revocation

Universal Citation: 700 MA Code of Regs 700.3

Current through Register 1518, March 29, 2024

(1) If it is determined that a permit has been issued in error, not involving fraud or misrepresentation by the applicant, and a sign has been constructed pursuant to said permit, the Director may:

(a) Revoke said permit and order the removal of the subject sign;

(b) Grant the sign Non-conforming status for such period as the Director deems reasonable; or

(c) Enter into a settlement agreement with the permit holder.

(2) The Director may, after providing 30 day written notice and opportunity for hearing, revoke for cause any license or permit at any time. Without limitation, any of the following shall constitute grounds for revocation of any license or permit as well as for imposition of any other penalty provided by law:

(a) Noncompliance with the requirements of 700 CMR 3.00, the Massachusetts General Laws, Federal Laws or the Federal State Agreement, or any permit or license issued by the Director;

(b) Any willful violation of any requirement of 700 CMR 3.00, the Massachusetts General Laws or any permit or license issued by the Director;

(c) Any action relating to signs or outdoor advertising that adversely impacts the public health, safety, welfare or the environment;

(d) Any submission of false, misleading or deceptive information in any application or in response to any information request by the Director; or

(e) Refusal of the permittee or licensee to provide information requested by the Director that is relevant to the issue of compliance with applicable law.

(3) A revocation shall be in addition to any other penalty provided by law.

(4) If a license or permit is revoked, the determination shall be final:

(a) If the license or permit holder does not request a hearing within the time allowed after receipt of notification of revocation; or

(b) After a decision is rendered by a hearing officer or administrative law judge.

(5) Any person who has been notified of a license revocation, or a permit revocation, including the nonrenewal of a permit, may request an administrative hearing in accordance with the procedures set forth in 700 CMR 3.19.

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