Current through Register 1536, December 6, 2024
Section 30.853 - License Denial, suspension or Revocation(1) The Department may deny, suspend, or revoke a license for cause at any time if it determines that any term or condition thereof has been violated, that the licensee or applicant has violated any provision of M.G.L. c. 21C, RCRA, or 310 CMR 30.000, or that the licensee or applicant is not competent with respect to the licensed activity. Such action by the Department shall be subject to opportunity for an adjudicatory hearing pursuant to M.G.L. c. 21C and c. 30A, and 310 CMR 1.00. In an adjudicatory hearing held pursuant to 310 CMR 30.853, the issue to be adjudicated shall be whether the Department's decision to deny, suspend or revoke a license was reasonable in light of the particular facts and circumstances available to the Department at the time of its decision.(2) Causes for suspending or revoking a license during its term, or for denying a license, shall include, but shall not be limited to, the following: (a) Non-compliance by the licensee with 310 CMR 30.000, M.G.L. c. 21C, or any condition of the license;(b) Failure of the applicant or licensee to fully and accurately disclose in the application, during the license issuance process, or at any time during the term of the license, all relevant facts which the licensee or applicant knew or should have known;(c) The licensee's or applicant's misrepresentation of any relevant facts at any time;(d) A determination by the Department that the licensed activity or facility could or does endanger public health, safety, or welfare, or the environment; or(e) Failure of the licensee or applicant to meet a standard set forth in 310 CMR 30.811 or 30.812.(3) Any interested person may request the Department to suspend or revoke a license. If the Department decides to deny a request to suspend or revoke a license, the Department shall send to the person making the request a brief written response giving a reason for the Department's decision. Except as provided in 310 CMR 30.890, denial of a request to suspend or revoke a license shall not be subject to public notice, public comment, or public hearings.