Section 7.01 - General Provisions(1) Any licensed site professional or other person who acts as, advertises as, or holds himself or herself out to be a licensed site professional shall be subject to the disciplinary authority of the Board.(2) A licensed site professional who, individually or in concert with another person, violates any provision of M.G.L. c. 21A, §§ 19 through 19J, or any provision of 309 CMR, including but not limited to the Rules of Professional Conduct in 309 CMR 4.00, shall be subject to the disciplinary authority of the Board.(3) It shall constitute misconduct, and may be grounds for appropriate discipline, for a licensed site professional to engage in conduct that results in his or her conviction for:(b) a misdemeanor committed in the course of providing Professional Services;(c) a misdemeanor which contains as a necessary element fraud, misrepresentation, deceit, bribery, extortion, misappropriation, theft, false swearing, or willful failure to file income tax returns;(d) a misdemeanor involving acts that reveal a sufficient lack of good moral character such that the Board no longer is persuaded that the LSP will be in compliance routinely and on a continuing basis with all standards and requirements applicable to LSPs. The following shall be deemed to be a conviction within the meaning of this section, whether or not sentence has been imposed: a guilty verdict or finding of guilt, any admission to or finding of sufficient facts, and any plea of guilty or nolo contendere which has been accepted by the court.
(4) It shall also constitute misconduct, and be grounds for appropriate discipline, for an applicant to engage in fraud, misrepresentation, deception, or concealment of a material fact:(a) in applying to the Board for a license or a renewal license; or(b) in taking any examination administered by the Board or its exam contractor.(5) It shall also constitute misconduct, and be grounds for appropriate discipline, for a licensed site professional to engage in acts that:(a) involve dishonesty, fraud, deceit, lack of good moral character, assault, threats, intimidation, or coercion; and(b) have a substantial connection to the professional responsibilities of a licensed site professional.(6) It shall be grounds for the Board to take any action allowed by law for any non-licensee to act as, advertise as, hold himself or herself out to be, or represent himself or herself as being a licensed site professional.(7) Regardless of whether misconduct has occurred, the Board may take any action allowed by law, including but not limited to suspending or revoking a license, if the Board finds that a licensed site professional is unable to perform the essential functions of a licensed site professional in accordance with the requirements of 309 CMR.