105 CMR, § 123.012

Current through Register 1536, December 6, 2024
Section 123.012 - Procedure for Hearings
(A)Suspension of a License.
(1) Upon written request to the Board, the licensee shall be afforded an opportunity to be heard concerning the suspension of a license by the Board.
(2) Such a hearing shall be initiated pursuant to 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure no later than 21 calendar days after the effective date of the suspension.
(3) In cases of suspension of a license, the hearing officer shall determine whether the Board has proved by a preponderance of the evidence that there existed immediately prior to or at the time of the suspension a situation or condition which the Board determined presents an imminent threat to the health or safety of one or more customers at a tanning facility. The hearing officer shall issue a written decision which contains a summary of the testimony and evidence considered and the reasons for the decision.
(B)Denial, Revocation, or Refusal to Renew a License.
(1) A license may be denied, revoked or refused renewal only after a hearing conducted by the Board of Health;
(2) If the Board determines that a license shall be denied, revoked or not renewed pursuant to 105 CMR 123.011, the Board shall initiate a hearing in accordance with 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure.
(3) Following the hearing, the hearing officer shall issue a written decision which contains a summary of the testimony and evidence considered and the reasons for the decision.

105 CMR, § 123.012

Amended by Mass Register Issue 1333, eff. 2/24/2017.