526 CMR, § 10.11

Current through Register 1538, January 3, 2025
Section 10.11 - Revocations and Suspensions of Tramway License
(1) A Ski Area Operator may have his License suspended or revoked after a hearing for:
(a) Failure to properly maintain Records as required by 526 CMR 10.00;
(b) Failure to Repair any Tramway as ordered or noted by a Certified Inspector or State Inspector;
(c) Negligence of the owner, Operator or Maintenance Mechanic in connection with the maintenance, Repair or operation of a Tramway;
(d) Continuing to operate a Tramway without the Department's authorization when an incident or accident occurs that is required to be reported pursuant to 526 CMR 10.10 or after an immediate shutdown has been ordered pursuant to 526 CMR 10.10;
(e) Failure to notify the Board of any incident or accident as required by 526 CMR 10.10;
(f) Modifying a Tramway without approval by the Board as required by 526 CMR 10.13;
(g) Operating in a manner likely to cause injury;
(h) The knowing submission of false, invalid, incorrect or fraudulent information related to the maintenance or design of the Tramway;
(i) Failure to maintain the required insurance; and
(j) Failure to comply within, the provisions of M.G.L. c. 143, § 71H or 526 CMR 10.00.
(2) Any Ski Area Operator who has a License suspended or revoked shall not operate the affected Tramway or Tramways until the suspension period is over or such License and/or permit is restored by the Board through the regular application process.
(3)Notice of Violations; Hearings and Appeals.
(a)Notice of Violation. The Board shall send written notice of the alleged violation(s) to the Ski Area Operator by certified mail and first class mail.
(b)Hearings. All hearings shall be conducted by the Board or its designee in accordance with M.G.L. c. 30A and 801 CMR 1.02: Informal/Fair Hearing Rules.
(c)Appeal. Any person aggrieved by a determination of the Board or its designee may appeal to the Superior Court in accordance with M.G.L. c. 30A, § 14.

526 CMR, § 10.11