Section 6.02 - General Administrative Provisions, Including Requirements for Licensure, Apprentice Licenses, and Renewals(1)Scope. 520 CMR 6.00 establishes general administrative provisions including license issuance, license renewals, fees, examinations, and appeals for all hoisting machinery licensure.(2)General Requirements for Licensure .(a) All applicants, including those applying for an apprentice license, must be 18 years of age or older.(b) All applicants must submit the following documentation:1. A completed application on a form authorized by the Department to operate hoisting machinery as provided by the Department;2. A fee to be determined annually by the Secretary of Administration and Finance under the provisions of M.G.L. c. 7, § 3B;3. A legible photocopy of the applicant's valid DOT medical certificate, Intrastate Medical Waiver from the Massachusetts Registry of Motor Vehicles or ANSI/ASME B30.5-2014 qualifications for operators. In the event that the DOT medical certificate or Intrastate Medical Waiver expires prior to the expiration of the hoisting license, the licensee shall submit a legible photocopy of the new certificate or waiver as applicable;4. A photograph or permission to gain access to the Massachusetts Registry of Motor Vehicles database if applicant is a resident of Massachusetts;5. A legible photocopy of the applicant's valid driver's license, valid Massachusetts ID issued by the Massachusetts Registry of Motor Vehicles, or driver's license learner's permit. In the event that the applicant's driver's license, Massachusetts ID, or learner's permit expires prior to the expiration of the hoisting license, the applicant shall submit a legible photocopy of the new license, Massachusetts ID, or permit when it is received;6. In addition to the requirements of 520 CMR 6.02(2)(b)1. through 5., applicants for an apprentice license must also submit a copy of their Annual Apprentice ID Card issued by the DAT.(3)Examination for License to Operate Hoisting Machinery.(a)Written.1. All applicants for a license to operate hoisting machinery license shall pass a written examination administered by the Department by earning a minimum grade of 70% and must demonstrate knowledge of the following: a. the operation of the equipment for which they are being examined;b. the ability to comprehend and interpret all placards, operation manuals, safety codes and other information pertinent to safe hoisting operations in the English language;d. Massachusetts General Laws and regulations as they relate to hoisting machinery.2. Pursuant to M.G.L. c. 146, § 57, individuals receiving a failing score may not retake an examination for a license to operate hoisting machinery within 60 days of the previous examination.3. In addition to the written examination, applicants for licensure to operate hoisting machinery may be required to pass a practical examination at the discretion of the Department or if required by Federal law for the specific type of equipment for which they have applied to operate.(b)Practical Examination. Applicants taking the practical examination must demonstrate knowledge of the following:1. The ability to operate the equipment for which they are being examined;2. The ability to comprehend and interpret all placards, operators' manuals, safety codes and other information pertinent to safe hoisting operations;3. The ability to comprehend and interpret hand signals;4. The ability to communicate in English;6. Applicable Massachusetts General Laws and regulations as they relate to hoisting machinery.(4) Hoisting licenses shall be carried on the person of the operator during all times the operator is operating hoisting machinery and shall be furnished for inspection by the operator at the request of the Chief or Inspector or the Commissioner.(5)Denial; Appeals. (a) The Department may refuse to issue a license to an applicant based on the following grounds: 1. Submittal of an incomplete application or submittal of an application on a form not authorized by the Department;2. Failure to submit required fees;3. Submittal of false, invalid, incorrect or fraudulent information;4. If at the time of application, the applicant is under investigation by the Department;5. Failure to pass a practical examination (if required);6. Failure to pass the required written examination.(b) If the Department refuses to issue a license based upon any of the reasons set forth in 520 CMR 6.02(5)(a)1. through 6. it shall notify the applicant in writing, setting forth the reasons for the denial. Within one week of receipt of the denial, the applicant may make written demand on a form authorized by the Department to the Chief for a hearing before a board of appeals consisting of three Department Inspectors appointed by the Chief or the Chief and two Inspectors. The hearing shall be held promptly and in accordance with M.G.L. c. 30A and 801 CMR 1.02: Informal/Fair Hearing Rules.(c)Failure to Pass Written Examination as Required by 520 CMR 6.02(5)(a)6. The results of the written examination shall be posted on the Department's website (www.mass.gov/dps). If an applicant receives a failing score, the applicant may make written demand upon the Chief for a hearing. The written demand must be submitted on a form authorized by the Department within one week of the examination score being posted on the website. The hearing shall be held before a board of appeals consisting of three Department Inspectors appointed by the Chief or the Chief and two Inspectors. The hearing shall be held promptly and in accordance with M.G.L. c. 30A and 801 CMR 1.02: Informal/Fair Hearing Rules.(d) If, after a hearing pursuant to 520 CMR 6.02(5)(b) or (c), the board of appeals denies the issuance of the license, it shall notify the applicant in writing. Such notice shall be sent by certified mail and/or first class mail and shall contain the reasons supporting the denial. Within 30 days after receipt of the notice, the applicant may appeal such denial to Superior Court in accordance with M.G.L. c. 30A, § 14.(6)License Renewals. All applicants for renewal licensure shall submit the following to the Department: (a) A certificate of completion evidencing the satisfaction of continuing education hours required pursuant to 520 CMR 6.04;(b) A completed application with a valid and current mailing address and email address on a form authorized by the Department to operate Hoisting Machinery as provided by the Department;(c) A fee to be determined annually by the Secretary of Administration and Finance under the provisions of M.G.L. c. 7, § 3B;(d) A legible photocopy of the applicant's valid DOT medical certificate, Intrastate Medical Waiver from the Massachusetts Registry of Motor Vehicles or ANSI/ASME B30.5-2014 qualifications for operators. In the event that the DOT medical certificate or Intrastate Medical Waiver expires prior to the expiration of the hoisting license, the licensee shall submit a legible photocopy of the new certificate or waiver as applicable;(e) A photograph or permission to gain access to the Massachusetts Registry of Motor Vehicles database if applicant is a resident of Massachusetts;(f) A legible photocopy of the applicant's valid driver's license, valid Massachusetts ID issued by the Massachusetts Registry of Motor Vehicles, or driver's license learner's permit. In the event that the applicant's driver's license, Massachusetts ID, or learner's permit expires prior to the expiration of the hoisting license, the applicant shall submit a legible photocopy of the new driver's license, Massachusetts ID, or permit when it is received. In accordance with M.G.L. c. 146, § 67, a notice of the date of expiration of a license shall, at least 30 days prior to such date, be sent to the licensee. It is the responsibility of the licensee to notify the Department of any changes to their mailing address and email address. Failure to provide the Department with a valid and current mailing address and email address may result in the delay of a license renewal. Licenses not renewed at expiration date shall become void, and shall after one year be reinstated only by re-examination of the Licensee.
(7)Renewals of Apprentice Licenses .(a) Apprentice licenses shall be valid for the term of registration. Apprentice licenses may be renewed upon the submission of a copy of the applicant's Annual Apprentice ID Card issued by the DAT as proof that the apprentice licensee remains registered with the Division of Apprentice Training of the Department of Labor Standards.(b) Applicants for apprentice license renewals shall also submit the following: 1. A complete application with a valid and current mailing address and email address for renewal of an apprentice license to operate hoisting machinery as provided by the Department;2. A fee to be determined annually by the Secretary of Administration and Finance under the provisions of M.G.L. c. 7, § 3B;3. A valid DOT medical certificate documenting that the applicant meets the criteria for a DOT medical examination, Intrastate Medical Waiver from the Massachusetts Registry of Motor Vehicles or ANSI/ASME B30.5-2014 qualifications for operators;4. A certificate of completion;5. A photograph or permission to gain access to the Massachusetts Registry of Motor Vehicles database if applicant is a resident of Massachusetts;6. A legible photocopy of a valid driver's license, valid Massachusetts ID issued by the Massachusetts Registry of Motor Vehicles, or driver's license learner's permit. In accordance with M.G.L. c. 146, § 67, a notice of the date of expiration of an apprentice license shall, at least 30 days prior to such date, be sent to the apprentice licensee. It is the responsibility of the apprentice licensee to notify the Department of any changes to their mailing address and email address. Failure to provide the Department with a valid and current mailing address and email address may result in the delay of an apprentice license renewal. Apprentice licenses not renewed at expiration date shall become void, and shall after one year be reinstated only by re-examination of the apprentice licensee.
Amended by Mass Register Issue 1326, eff. 11/18/2016.