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The 189th General Court of the Commonwealth of Massachusetts

Section 65B: Board authority to suspend or refuse to renew license; hearing; judicial review

Section 65B. A board of registration under the supervision of the division of professional licensure having jurisdiction over a licensee whose continued practice poses an immediate and serious threat to the public health, safety or welfare may suspend or refuse to renew the holder's license, certificate, registration or authority pending a hearing on the merits of the allegation against the holder. Such board shall hold a hearing pursuant to chapter 30A on the necessity for the suspension or refusal to renew within 10 days of that action. At the time of the suspension or refusal to renew, the board shall issue to the licensee a written summary suspension order which specifies the findings of the board and the reasons for its summary suspension and the date, time and place of the 10?day hearing. At the request of the licensee, the board may reschedule the hearing to a date and time mutually agreeable to the board and the licensee. Any such rescheduling of the hearing granted at the licensee's request shall not operate to lift or stay the summary suspension order. If the hearing is not held within 10 days of the board's summary suspension order or such further time as may be agreed to, the license, certificate, registration or authority against which action was taken shall be reinstated. At the adjudicatory hearing on the necessity for summary suspension, the board shall, by a preponderance of the evidence, establish why the summary suspension order should continue in effect pending the final disposition of the complaint. The board shall issue a preliminary written decision within 10 days of the summary suspension hearing. Following the hearing, a continuing suspension imposed by a board shall remain in effect until the conclusion of any formal adjudicatory proceeding on the merits of the allegations against the holder, but any such proceeding shall occur within 60 days of the summary suspension order, or as the parties may otherwise agree. The board shall render its written decision not later than 30 days after the formal adjudicatory proceeding or as the parties may otherwise agree. A licensee subject to a disciplinary action pursuant to this section may seek judicial review of the board's final decision pursuant to chapter 30A. The division, after proper notice and hearings, shall adopt rules and regulations governing the summary suspension procedure authorized by this section. Nothing in this section shall be deemed to limit any board of registration's summary suspension authority.