110.R7.4.1
Complaints.
110.R7.4.1.1
Complaint Intake. A
complaint about a certified building official must be in
writing and shall be received and reviewed by the Administrator, or his
designee. The Administrator may cause the complaint to be investigated further,
dismissed for failure to assert a cognizable or actionable claim, or referred
to the BOCC for a hearing on the merits. Actions taken pursuant to this section
shall be left to the sound discretion of the Administrator.
110.R7.4.1.2
Notice of Hearing.
If the Administrator refers a matter to the BOCC for hearing, reasonable notice
of the hearing shall be provided to the certification holder. Mailing of the
notice via first class mail to the address on record with the BBRS shall be
deemed satisfactory notice to the holder. The notice of hearing shall contain:
1. The name of the complainant.
2. The date, time and place of said
hearing.
3. The basis of the
complaint.
4. Notice that the
holder may review the Board's complaint file by appointment.
110.R7.4.1.3
Hearing.
Hearings held pursuant to 780 CMR 110.R7.4.1 shall be conducted n accordance
with M.G.L. c. 30A and
801 CMR
1.02:
Informal/Fair Hearing
Rules. Any party may be represented by legal counsel at such a
hearing. At the hearing, the certification holder shall be permitted to present
an opening statement, testify on their own behalf, cross-examine all witnesses,
present any relevant witness testimony, present any relevant documentary
evidence, and offer a closing argument. Any person offering testimony at the
hearing shall be sworn in. The BOCC may question any witness and include any
records on file with the BBRS as exhibits. The BOCC may, at their discretion,
conclude the hearing at any time and issue a recommended decision based on the
evidence presented.
If a certification holder does not appear for the hearing, the
BOCC may conduct a hearing and render a recommended decision based upon the
evidence presented only after making a finding that the certification holder
was provided reasonable and proper notice of the hearing as required by 780 CMR
110.R7.4.1.2.
110.R7.4.1.4
Decisions and Discipline of Certification Holders. The BOCC shall
issue a written decision after the hearing. Decisions shall be issued in a
reasonably prompt manner. The decision of the BOCC shall serve as a
recommendation to the BBRS and shall be promptly forwarded by the Administrator
to the full board for review. If after a hearing the BOCC finds that the holder
has violated any provision of 780 CMR 110.R7.4.1.5, it may recommend suspension
of a certification for a fixed period of time, revocation of a certification
permanently, or a reprimand of the certification holder. Further, the BOCC may
recommend that any order include appropriate remedial or disciplinary
conditions. Once forwarded to the BBRS, the board shall either, adopt the
recommendation in its entirety, adopt the recommendation with amendment, reject
the recommendation in its entirety, or remand the matter to the BOCC further
proceedings. A certificate holder whose certification is revoked may apply in
writing to the Board for reinstatement no sooner than one year from the date of
the revocation.
110.R7.4.1.5
Grounds for Discipline. The following shall be grounds for
discipline of a certification holder.
1. The
holder has obtained a certification by fraud or misrepresentation;
2. The holder has aided or abetted in
practice as a certified building official any person not
authorized to practice as a certified building official under
the provisions of 780 CMR 110.R7;
3. The holder has fraudulently or deceitfully
practiced as a certified building official;
4. The holder has been grossly negligent or
has engaged in misconduct in the performance of any of his or her
duties;
5. The holder has failed to
maintain continuing education requirements as specified in 780 CMR
110.R7;
6. The holder has been
found to have failed to report an offer, or bribe, or other favor in a
proceeding under 780 CMR 110.R7;
7.
The holder has made a false or misleading statement to the BBRS, or has made a
material omission in any submission to the BBRS;
8. The holder has s failed to appropriately
enforce the provisions of 780 CMR as prescribed by M.G.L. c. 143, §
3;
9. The holder has engaged in any
conduct in violation of 780 CMR or any state or federal law rendering them
unsuitable to be certified as a building official.
10. The holder has been found to have
violated state ethics laws by the State Ethics Commission.
11. The holder failed to cooperate in an
investigation being conducted by the BBRS or Administrator.
110.R7.4.1.6
Appeal.
A decision made after a hearing shall be considered final when it is issued by
the BBRS. Any party aggrieved by a final decision of the BBRS may appeal to
superior court within 30 days of receipt thereof pursuant to M.G.L. c. 30A,
§14.
110.R7.4.1.7
Employment of an Uncertified Individual. In accordance with M.G.L.
c. 143, § 3, no municipality may offer employment to, retain for
employment or permanently appoint any individual who is not certified in
accordance with 780 CMR 110.R7, except on a conditional basis in accordance
with 780 CMR 110.R7.1.7.4.