Section 5.06 - Revocation and Suspension of Licenses and Permits(1)Scope. 520 CMR 5.06 establishes the suspension and revocation procedures for all licenses and permits, including those for inflatables, challenge courses and artificial climbing structures.(2)Suspension or Revocation of Amusement Device License or Permit. (a) An owner may have his or her license or permit suspended or revoked after a hearing for: 1. Unauthorized operation of an amusement device;2. Failure to properly maintain records as required by 520 CMR 5.00;3. Failure to repair any amusement device as ordered or noted by a certified inspector or state inspector;4. Negligence of the owner, operator or certified maintenance mechanic, or certified inflatable device mechanic in connection with the maintenance, repair or operation of an amusement device;5. Continuing to operate an amusement ride without the Department's authorization when an incident or accident occurs that is required to be reported by 520 CMR 5.00;6. Failure to notify the Department of any incident or accident as required by 520 CMR 5.00;7. Modifying a ride without approval by the Department;8. Operating in a manner likely to cause injury;9. The knowing submission of false, invalid, incorrect or fraudulent information related to the maintenance or design of the ride or its safe operation;10. Failure to provide the Department with a proper or timely itinerary or modified itinerary in accordance with 520 CMR 5.04(5);11. Failure to maintain the required insurance;12. Failure to comply with the provisions of 520 CMR 5.00 or M.G.L. c. 140, § 205A;13. Permitting an employee to work, other than on a provisional basis, as a certified maintenance mechanic, certified inflatable device mechanic, maintenance technician, ride operator, or operator assistant without having first conducted a criminal history check on that employee as required by 520 CMR 5.04(16) and 5.09(2)(h); and14. Failure to abide by a term of the criminal history inquiry procedure submitted to the Department pursuant to 520 CMR 5.04(16) and 5.09(2)(h).(b) Any owner who has a permit or license suspended or revoked pursuant to 520 CMR 5.06(2) shall not operate the affected amusement device or devices until the supervisory period is over or such license and/or permit is restored by the Department through the regular application process.(3)Notice of Violations; Hearing and Appeals. (a)Notice of Violation. The Department shall send written notice of the alleged violation(s) to the owner.(b)Hearings. All hearings held pursuant to 520 CMR 5.06(3) shall be conducted in accordance with M.G.L. c. 30A and 801 CMR 1.02: Informal/Fair Hearing Rules.(c)Appeal. Any person aggrieved by a determination of the Commissioner or his or her designee may appeal to the Superior Court in accordance with M.G.L. c. 30A, § 14.(d)Immediate Shutdown of an Amusement Device. The Commissioner or his or her designee shall immediately shut down an amusement device if: 1. An injury requiring medical treatment has occurred on an amusement device, reasonably due to a defect or malfunction in the amusement device; or2. If the amusement device constitutes a hazard to life, limb or property as determined by the Commissioner or his or her designee or by an agent of the insurance carrier.(4)Re-inspections Following a Shut Down. The amusement device shall remain closed until all necessary repairs have been completed to the satisfaction of the Commissioner or his or her designee and the insurance carrier. Operation of the amusement device shall not be resumed until the amusement device has been re-inspected by the Department and found to be safe for operation.Amended by Mass Register Issue 1335, eff. 3/24/2017.