Subsection 110.R7.4 - PROCEDURES FOR COMPLAINTS110.R7.4.1Complaints.110.R7.4.1.1Complaint Intake. A complaint about a certified building official shall be in writing and shall be received and reviewed by the administrator, or his or her designee. The administrator may cause the complaint to be investigated further, dismissed for failure to assert a cognizable or actionable claim, or referred to the BOCC for a hearing on the merits. Actions taken pursuant to this section shall be left to the sound discretion of the administrator.110.R7.4.1.2Notice of Hearing. If the administrator refers a matter to the BOCC for hearing, reasonable notice of the hearing shall be provided to the certification holder. Mailing of the notice via first class mail to the address on record with the BBRS shall be deemed satisfactory notice to the holder. The notice of hearing shall contain: 1. The name of the complainant.2. The date, time and place of said hearing.3. The basis of the complaint.4. Notice that the holder may review the Board's complaint file by appointment.110.R7.4.1.3Hearing. Hearings held pursuant to 780 CMR 110.R7.4.1 shall be conducted in accordance with M.G.L. c. 30A and 801 CMR 1.02: Informal/Fair Hearing Rules. Any party may be represented by legal counsel at such a hearing. At the hearing, the certification holder shall be permitted to present an opening statement, testify on their own behalf, cross-examine all witnesses, present any relevant witness testimony, present any relevant documentary evidence, and offer a closing argument. Any person offering testimony at the hearing shall be sworn under oath. The BOCC may question any witness and include any records on file with the BBRS as exhibits. The BOCC may, at their discretion, conclude the hearing at any time and issue a recommended decision based on the evidence presented. If a certification holder does not appear for the hearing, the BOCC may conduct a hearing and render a recommended decision based upon the evidence presented only after making a finding that the certification holder was provided reasonable and proper notice of the hearing as required by 780 CMR 110.R7.4.1.2.
110.R7.4.1.4Decisions and Discipline of Certification Holders. The BOCC shall issue a written decision after the hearing. Decisions shall be issued in a reasonably prompt manner. The decision of the BOCC shall serve as a recommendation to the BBRS and shall be promptly forwarded by the administrator to the full board for review. If after a hearing the BOCC finds that the holder has violated any provision of 780 CMR 110.R7.4.1.5, it may recommend suspension of a certification for a fixed period of time, revocation of a certification permanently, or a reprimand of the certification holder. Further, the BOCC may recommend that any order include appropriate remedial or disciplinary conditions. Once forwarded to the BBRS, the board shall either adopt the recommendation in its entirety, adopt the recommendation with amendment, reject the recommendation in its entirety, or remand the matter to the BOCC further proceedings. A certificate holder whose certification is revoked may apply in writing to the Board for reinstatement no sooner than one year from the date of the revocation.
110.R7.4.1.5Grounds for Discipline. The following shall be grounds for discipline of a certification holder: 1. The holder has obtained a certification by fraud or misrepresentation;2. The holder has aided or abetted in practice as a certified building official any person not authorized to practice as a certified building official under the provisions of 780 CMR 110.R7;3. The holder has fraudulently or deceitfully practiced as a certified building official;4. The holder has been grossly negligent or has engaged in misconduct in the performance of any of his or her duties;5. The holder has failed to maintain continuing education requirements as specified in 780 CMR 110.R7;6. The holder has been found to have failed to report an offer, or bribe, or other favor in a proceeding under 780 CMR 110.R7;7. The holder has made a false or misleading statement to the BBRS, or has made a material omission in any submission to the BBRS;8. The holder has s failed to appropriately enforce the provisions of 780 CMR as prescribed by M.G.L. c. 143, § 3;9. The holder has engaged in any conduct in violation of 780 CMR or any state or federal law rendering them unsuitable to be certified as a building official.10. The holder has been found to have violated state ethics laws by the State Ethics Commission.11. The holder failed to cooperate in an investigation being conducted by the BBRS or its administrator.110.R7.4.1.6Appeal. A decision made after a hearing shall be considered final when it is issued by the BBRS. Any party aggrieved by a final decision of the BBRS may appeal to superior court within 30 days of receipt thereof pursuant to M.G.L. c. 30A, § 14.110.R7.4.1.7Employment of an Uncertified Individual. In accordance with M.G.L. c. 143, § 3, no municipality may offer employment to, retain for employment or permanently appoint any individual who is not certified in accordance with 780 CMR 110.R7, except on a conditional basis in accordance with 780 CMR 110.R7.1.7.4.780 CMR, ch. 110.00, 780 CMR 110R7, 110.R7.4
Amended by Mass Register Issue 1532, eff. 10/11/2024.