5.01: Basis for Disciplinary Action
The Board may suspend, revoke, place on probation or otherwise take other appropriate enforcement actions on or against the certificate of an operator for operator misconduct following a hearing pursuant to M.G.L. c. 30A where a majority of the Board finds that the operator:
(1) has practiced fraud or deception;
(2) has falsified or made misleading statements on a license application or operating records;
(3) was guilty of gross misconduct;
(4) did not use reasonable care or judgement in the performance of his/her duties;
(5) is incompetent or was negligent in the performance of his/her duties;
(6) failed to use his/her knowledge or ability in the performance of his/her duties;
(7) failed to comply with applicable federal or state law or regulation; or
(8) that the operator has otherwise engaged in unprofessional conduct.
236 CMR 5.00: M.G.L. c. 13, § 66B; c. 112, §§ 87CCCC and 87DDDD.
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