(1) General Administrative Proceedings. The Director may deny, revoke, suspend or refuse to renew a license or certificate issued pursuant to 453 CMR 6.00 upon finding of sufficient cause. License or certificate applicants or holders shall be advised by the Director in writing of the proposed denial, revocation, suspension or refusal to renew and the reasons therefore. Said parties shall have the right to appeal the Director's determination through an administrative hearing in accordance with the provisions of M.G.L. c. 30A and 801 CMR 1.00 by submitting a written request for such hearing within 14 calendar days of receiving notice of such administrative action.

(2) Sufficient Cause. The following shall be sufficient cause for the Director's denial, revocation, suspension or refusal to renew a license or certificate issued pursuant to 453 CMR 6.00:

(a) False statements in the application.

(b) Omission or falsification of documentation or information required to be submitted to the Director pursuant to any provisions of 453 CMR 6.00.

(c) Failure to comply with the applicable provisions of M.G.L. c. 149 or 111F, 453 CMR 6.00, M.G.L. c. 111, §§ 189A through 199B, or rules or orders issued thereunder.

(d) Failure to comply with laws, rules and regulations relating to occupational or public safety and health.

(e) Failure to maintain records required by 453 CMR 6.11 or make them available to the Director upon request.

(f) In the case of certified Asbestos Training Providers, or applicants for certified Asbestos Training Provider status, the following shall also constitute sufficient cause:

1. Failure to demonstrate the ability to provide the training courses for which the applicant seeks to be certified in compliance with the requirements of 453 CMR 6.09;

2. Failure to provide or maintain the standards of training required by 453 CMR

6.09(3); or

3. Failure to provide minimum instruction required by 453 CMR 6.10.

(g) In the case of certified Asbestos Consultants or applicants for certification in one or more of the consultant categories listed at 453 CMR 6.07(1)(a) through (d), the following shall also constitute sufficient cause:

1. Gross technical errors or errors of judgment.

2. Failure to properly execute authorized consultative activities.

(h) In the case of certified providers of Asbestos Analytical Services, or applicants for certification as providers of Asbestos Analytical Services, the following shall also constitute sufficient cause:

1. Failure to maintain successful participation in required proficiency testing programs.

2. Gross technical errors or errors of judgment relating to activities covered by the certification.

3. Loss of professional accreditation or license, where such is a required qualification.

(i) Any other cause affecting the responsibility of the license or certificate holder which the Director determines to be of such serious and compelling nature as to warrant denial, suspension, revocation or refusal to renew.

(3) Probation. The Director may place the license or certificate holder on probation for sufficient cause for a period of three months or longer.

(4) Suspension Prior to Hearing. The Director may summarily suspend a license or certificate on an emergency basis, if, in his/her determination, the actions of the license or certificate holder show willful disregard for the health, safety or welfare of the public or workers. If a license or certificate is summarily suspended, the affected party may appeal the summary action in accordance with 453 CMR 6.04(1). If an appeal is filed, the matter shall be set down for hearing at the earliest possible time. At such hearing the Director must establish that the summary action is factually supported and that there is a substantial likelihood of sustaining the suspension in a full evidentiary hearing. The summary action shall continue against the affected party unless the hearing officer determines that the Director did not meet his/her burden under the standard specified herein. Summary suspensions may be issued in conjunction with license or certificate revocations or refusals to renew.