Suspension, Revocation, and Appeals of Licensing, Certification, and Temporary Permitting

Where the Commissioner, Chief or any Inspector determines that circumstances indicate the denial or immediate suspension or revocation of a license or temporary permit or company certificate of approval to operate hoisting machinery is necessary for the preservation of the public health or safety, they may deny, revoke or suspend depending on the severity of the offense.  Any license covered under 520 CMR 6.00 may be revoked or suspended for the following reasons:

• False or misleading information on application for examination or license renewal.
• Operating hoisting machinery under the influence of alcohol or drugs.
• Failure to pay excise tax or other taxes.
• Failure to report accidents as required by the Department.
• Failure to report a serious injury as required by the Department.
• Operating in an unsafe manner.
• Failure to comply with any provision of 520 CMR 6.00.
• Failure to comply with 520 CMR 14.00:
• Failure to comply with M.G.L. c. 146, §§ 53 through 56.
• The fraudulent or otherwise improper issuance of temporary permits.
• The fraudulent or otherwise improper issuance of any company license.

A licensee aggrieved by the action taken by the Commissioner, Chief or an Inspector, pursuant to M.G.L. c. 146, § 53 in suspending or revoking their license or temporary permit to operate hoisting machinery may, within one week, appeal from such decision to the Chief who shall appoint three Inspectors of the Department, or himself and two Inspectors, to act together as a board of appeal.

Variance Procedure: Variance. Any person who believes that full compliance with 520 CMR 6.00 is overly burdensome may apply to the Department for a variance from 520 CMR 6.00.  The burden is on the applicant to demonstrate in writing to the Department that the granting of the variance would not compromise public safety or otherwise undermine the purpose of 520 CMR 6.00.