Section 12.10 - Enforcement(1) The Department may deny, revoke or suspend a License upon finding that: (a) The Licensee or Applicant has failed to comply with 330 CMR 12.00;(b) The Licensee or Applicant has: 1. Violated any provision of M.G.L. c. 272, § 77; M.G.L. c. 129, §§ 7, 9; or any regulation promulgated thereunder, or assisted another Person in any such violation;2. Been criminally charged with violating any provision of M.G.L. c. 272, § 77; M.G.L. c. 129, §§ 7, 9, or any regulation promulgated thereunder, regardless of whether the charges have been adjudicated or otherwise resolved by a court of competent jurisdiction;3. Made a material misrepresentation or omission in the application for a License or renewal of a License;4. Made a material misrepresentation, false promise or omission in connection with the Sale of Animals from a Pet Shop;5. Violated a quarantine order issued under M.G.L. c. 129;6. Violated an agreement with the Department;7. Dispensed prescription medication to accompany an Animal at the time of Sale unless otherwise permitted under the laws of the Commonwealth;8. Made substantial structural changes to the Facility without prior approval from the Department after the Facility was inspected for License approval per 330 CMR 12.02(4) or after a License was issued;9. Made repeated record keeping violations including, but not limited to, making repeated or consistent errors, falsifying records, or failing to keep or produce required records;10. Intentionally prevented a customer from using the 14-day warranty granted under 330 CMR 12.05(4); or11. Engaged in any other conduct that poses a serious risk to Animal health, as determined by the Department.(2) An immediate suspension may be imposed for any Licensee whose officers, employees or volunteers have been charged with violations of M.G.L. c. 272, §§ 77 through 95.(3) No License or renewal of a License may be denied, revoked, suspended, or renewal denied prior to notice of the opportunity for a full and fair hearing. A request for a hearing must be made in writing to the Department within 21 days following notification of the Department's decision.(4) All hearings shall be conducted in accordance with M.G.L. c. 30A.(5) Any action taken under 330 CMR 12.02 or any other section of 330 CMR 12.00 shall not limit the Department's authority to take additional action as necessary pursuant to M.G.L. c. 129, including assessment of fines pursuant to M.G.L. c. 129, § 37.(6)Severability. If any provision of 330 CMR 12.00 shall be declared invalid for any reason whatsoever, that decision shall not affect any other portion of 330 CMR 12.00, which shall remain in full force and effect; and to this end the provisions of 330 CMR 12.00 are hereby declared severable.Adopted by Mass Register Issue 1412, eff. 3/6/2020.