310 Mass. Reg. 9.26

Current through Register 1523, June 7, 2024

Section 9.26 - Revocation and Nullification

(1)Revocation.

(a) Unless otherwise specifically provided by law, the Department may revoke a license or permit for non-compliance with the terms and conditions set forth therein, including any change of use from that expressly authorized in said license or permit or, if no such statement was included, from that reasonably determined by the Department to be implicit therein. Such revocation may not occur until after the Department has given notice of the alleged non-compliance to the licensee or permittee and any person who has filed a written request for such notice with the Department, and after it has afforded them an opportunity for a hearing and a reasonable opportunity to correct said non-compliance.

(b) In accordance with the procedures established in 310 CMR 9.26(1)(a), the Department may revoke any license or permit upon a finding that the licensee denies access to project services and facilities in a discriminatory manner, as determined in accordance with the constitution of the Commonwealth of Massachusetts, of the United States of America, or with any statute, regulation, or executive order governing the prevention of discrimination. Such a finding shall be made upon a final determination of discrimination, issued by any federal, state or local court or agency with jurisdiction to investigate discrimination issues.

(c) Notice of revocation of a license shall be recorded at the Registry of Deeds or Land Court by the Department, in accordance with 310 CMR 9.18.

(2)Nullification.

(a) All licenses issued prior to January 1, 1984 are void if:

1. the license and the accompanying plan were not recorded within one year of date of issuance at the Registry of Deeds for the county or district where the work was to be performed;

2. there has been an unauthorized substantial change in use; or

3. there has been an unauthorized substantial structural alteration.

Notwithstanding the foregoing, no license for filled private tidelands shall be void for unauthorized substantial changes in use or unauthorized substantial structural alterations which occurred prior to January 1, 1984.

(b) All licenses issued after January 1, 1984 are void if:

1. the license and accompanying plan were not recorded within 60 days of date of issuance at the Registry of Deeds for the county or district where the work was to be performed;