Section 5.04 - Discipline(1)Complaints. Any person may file a complaint against a registered elevator contractor. All complaints relative to a registrant shall be in writing on a form provided by the Board. All complaints shall be received by the Board within one year of the date of the alleged wrongdoing. The Board may itself initiate a complaint at any time.(2)Basis of Complaint. A complaint shall allege wrongdoing by a registrant in the form of a violation of 524 CMR 5.00 or M.G.L. c. 143.(3)Review and Investigation of Complaints. The Board may, in its discretion, investigate a complaint to determine whether a hearing will be held.(4)Notice of Hearing. If the Board determines that a hearing shall be held to resolve a complaint, reasonable notice shall be provided to the complainant and the registrant. Mailing of notice to the address on record with the Board, and emailing the notice to the contact person identified by the registrant on the application for registration, shall be deemed satisfactory notice. The notice of hearing shall contain:(a) The name of the complainant (if provided).(b) The date, time, and place of said hearing.(c) The location of the incident giving rise to the complaint.(d) A description of the situation giving rise to the complaint.(e) A copy of the complaint filed with the Board.(5)Hearing. Hearings convened pursuant to 524 CMR 5.00 shall be presided over by the Board and conducted pursuant to 801 CMR 1.02: Informal/Fair Hearing Rules and M.G.L. c. 30A. Any party may be represented by legal counsel.(6) If an elevator contractor, or a designee, does not appear for the hearing, the hearing may proceed in their absence and a decision rendered based upon the evidence presented, but only after a finding is made that the registrant was provided notice as required by 524 CMR 5.04(4).(7)Subpoenas. The Board may issue a subpoena in accordance with M.G.L. c. 30A, § 12 requiring the attendance and testimony of witnesses and the production of any evidence, including books, records, correspondence or documents, relating to any matter in question in the proceeding.(8)Decisions and Discipline of Registrants. The Board shall issue a written decision after the hearing in a reasonably prompt manner. If the Board, acting on behalf of the Office, determines that a registrant has violated any provision of 524 CMR 5.00 or M.G.L. c. 143, it may suspend a registration for a fixed period of time, revoke a registration permanently, or issue a reprimand to the registrant. In reaching the decision the Board shall consider any history of disciplinary issues, the severity of the offense, and any remedial action taken by the contractor. Further, the Board may impose any terms and conditions upon a registrant which are reasonably calculated to ensure future compliance with 524 CMR and M.G.L. c. 143 by the registrant.(9)Appeals. Any person aggrieved by a decision of the Board may appeal such decision to the Board of Elevator Appeals in conformance with M.G.L. c. 143, § 70(b).Amended by Mass Register Issue 1366, eff. 6/1/2018.