603 CMR, § 44.11

Current through Register 1533, October 25, 2024

Section 44.11 - Failure to Satisfy Renewal Requirements

(1) If the Department determines that the Educator has failed to demonstrate that the Educator has met the requirements to renew the license, the Department may deem the Educator's license inactive. Alternatively, if the Department determines that the Educator has intentionally submitted a false application or documentation, the Department may seek to take action up to and including license revocation pursuant to 603 CMR 7.15(8): License Actions.

(2) Before the Department deems the license inactive, it shall notify the Educator in writing that the Department intends to deem the license inactive and of the Educator's right to request a hearing before the Commissioner in accordance with M.G.L. c. 30A, and 801 CMR 1.00: Adjudicatory Rules of Practice and Procedure. This notice shall operate as a notice of the action and does not operate as an order to show cause.

(3) The Educator shall have 21 days from receipt of the notice to make a written request for a hearing. If the Commissioner does not receive a written request for a hearing in accordance with 603 CMR 44.11(2), the Educator's license shall be deemed to be inactive and the Educator shall be so notified by return mail.

(4)Hearing.

(a) If the Commissioner receives a request for a hearing from the Educator in accordance with 603 CMR 44.11(3), the Commissioner or his or her designee shall schedule a hearing. The hearing shall be conducted in accordance with the requirements of M.G.L. c. 30A, and 801 CMR 1.00: Adjudicatory Rules of Practice and Procedure. At such hearing, the Educator shall bear the burden of proof. The hearing shall not be open to the public unless the Educator requests a public hearing.

(b) The Commissioner or his or her designee shall issue a written decision determining whether or not the Educator's license shall be deemed inactive. The decision shall comply with the requirements of M.G.L. c. 30A, § 11, and 801 CMR 1.00: Adjudicatory Rules of Practice and Procedure.

(c) The Commissioner shall send a copy of the decision to the Educator along with a notice informing the Educator of the right to appeal in accordance with the provisions of M.G.L. c. 30A, § 14.