18- 554 C.M.R. ch. 11, § III-22

Current through 2024-50, December 11, 2024

Section 554-11-III-22 - Term of Qualification

Summary: This section makes clear that a professional may remain on the Bureau's list until the Bureau issues a new list. The section also authorizes the Bureau to remove an individual or organization from the list upon or after the occurrence of specified events.

1.Length of Term

An individual or organization may remain on the Bureau's list of qualified professionals until the Bureau issues a new list, pursuant to sections 12 and 21, supra, of this Chapter, or until the Bureau removes the individual or organization from the list, pursuant to subsection 22(2).

2.Removal from the List of Qualified Professionals

A.Removal. The Bureau may remove an individual or organization from its list of qualified professionals upon or after the occurrence of any of the following:

1. Conviction of a State or federal crime by the individual or organization, or by an employee of the organization;

2. A material misrepresentation on the individual's or organization's application for qualification;

3. A filing by the individual or organization for bankruptcy or insolvency;

4. A material, unresolved breach of contract with any public agency by the individual or organization;

5. Loss by an organization of a key employee, or an adverse material change in the organization or personnel;

6. Loss by a key employee of an organization, an individual, or an organization, of a license or certification that is necessary for him or her to perform a particular service, or the lapsing of a registration that is necessary for a key employee to perform a particular service; or

7. Initiation of a regulatory enforcement action against an individual or organization.

B.Notice of Removal. If the Bureau removes an individual or organization from its list of qualified professionals pursuant to this subsection, the Bureau shall seasonably notify the individual or organization in writing.

C.Re-Application. An individual or organization removed from the Bureau's list of qualified professionals pursuant to this subsection may re-apply for qualification when the Bureau next places an advertisement soliciting applications for qualification.

D.Appeal. An individual or organization removed from the Bureau's list of qualified professionals pursuant to this subsection may appeal that decision in writing to the Director within fifteen (15) days of the Bureau's decision. The Director shall complete the appeal process and issue a decision within fifteen (15) days of the filing of the appeal. The decision of the Director is final.

3.Reporting

Whenever a representative of the Bureau communicates, orally or in writing, with a qualified professional to engage the professional's services on a project within the scope of this Chapter, the qualified professional shall notify the Bureau, in writing, if it has experienced or been involved in any of the events described in paragraphs 22(2)(A)(1)-(7). In any case, a qualified professional must promptly furnish written notice if it experiences or is involved in any of the events described in paragraphs 22(2)(A)(1)-(7).

18- 554 C.M.R. ch. 11, § III-22

EFFECTIVE DATE:
June 5, 2005 - filing 2005-193

STATUTORY AUTHORITY: 5 M.R.S.A. §1742(6)