105 C.M.R. 910.041 – Administrative Sanctions

(A) After notice and hearings as required by 105 CMR 910.041(B), the Commissioner may revoke, refuse to issue, refuse to renew, make probationary or suspend a license issued pursuant to 105 CMR 910.000 if the Commissioner finds that by reason of the standards, facilities, practices, or activities of the licensee, the institution is not fit and proper to receive such a license and that the issuance or continuation thereof is not in the public interest. Standards, facilities, practices or activities that may render the continuation of a license not in the public interest include:
1. (1) failure to meet any requirement for such license established under 105 CMR 910.000 or, after issuance, failure to observe any term of the license;
2. (2) failure to comply with any applicable regulation or deficiency correction order;
3. (3) furnishing or making false statements or reports required under 105 CMR 910.000;
4. (4) refusal to submit any reports or make available any records required under 105 CMR 910.000;
5. (5) refusal to admit at a reasonable time any duly authorized representative or designated agent of the Commissioner for purposes of investigation or inspection authorized by 105 CMR 910.000;
6. (6) conviction in any court of competent jurisdiction of any crime which directly or indirectly relates to the humane care and treatment of animals.
(B) If the Commissioner has reason to believe, in consideration of a factor or factors enumerated in 105 CMR 910.041(A), that initial or continued licensure of a research institution is not in the public interest, he may issue to such research institution an Agency Notice of Action.
(C) An Agency Notice of Action shall be in writing, signed by the Commissioner, and shall state with particularity the facts, the law or regulation relied upon and the basis for the Commissioner's belief that initial or continued licensure of the research institution is not in the public interest, and the nature of the proposed administrative sanction.
(D) An Agency Notice of Action sent to a research institution shall be accompanied by a copy of 105 CMR 910.000, and shall be sent to the research institution by certified mail, return receipt requested.