1. (1) Scope. 230 CMR 6.00 establishes general administrative provisions including license issuance, license renewals, fees, examinations, and appeals for all hoisting machinery licensure.

2. (2) General Requirements for Licensure.

   1. (a) All applicants, other than those applying for an apprentice license, must be 18 years of age or older.

   2. (b) All applicants must submit the following documentation:

      1. 1. A completed application to operate hoisting machinery on a form approved by the Office, this form may require a valid email address unless the applicant certifies that they do not have one;
      2. 2. A fee to be determined annually by the Secretary of Administration and Finance under the provisions of M.G.L. c. 7, § 3B;
      3. 3. A legible photocopy of the applicant's valid DOT medical certificate, Intrastate Medical Waiver from the Massachusetts Registry of Motor Vehicles or ANSI/ASME B30.5-2014 qualifications for operators. In the event that the DOT medical certificate or Intrastate Medical Waiver expires prior to the expiration of the hoisting license, the licensee shall submit a legible photocopy of the new certificate or waiver as applicable;
      4. 4. A photograph or permission to gain access to the Massachusetts Registry of Motor Vehicles database if applicant is a resident of Massachusetts;
      5. 5. A legible photocopy of a U.S. state, U.S. territory, or federal government issued identification driver’s license or, for apprentices only, a driver’s license learner’s permit. In the event that the applicant’s driver’s license or identification expires prior to the expiration of the hoisting license, the applicant shall submit a legible photocopy of the new driver’s license or identification when it is received;
      6. 6. Proof of current registration with the Division of Apprentice Standards.

3. (3) Examination for License to Operate Hoisting Machinery.

   1. (a) Written.

      1. 1. All applicants for a license to operate hoisting machinery, other than applicants for an apprentice license, shall pass a written examination administered by the Office by earning a minimum grade of 70% and must demonstrate knowledge of the following:

         1. a. the operation of the equipment for which they are being examined;
         2. b. the ability to comprehend and interpret all operation manuals, safety codes and other information pertinent to safe hoisting operations in the English language;
         3. c. emergency procedures;
         4. d. Massachusetts General Laws and regulations as they relate to hoisting machinery.
      2. 2. Pursuant to M.G.L. c. 146, § 57, no person shall make application hereunder for a license of any particular class oftener than once in 60 days.
      3. 3. In addition to the written examination, applicants for licensure to operate hoisting machinery may be required to pass a practical examination at the discretion of the Office or if required by Federal law for the specific type of equipment for which they have applied to operate.

   2. (b) Practical Examination. Applicants taking the practical examination must demonstrate knowledge of the following:

      1. 1. The ability to operate the equipment for which they are being examined;
      2. 2. The ability to comprehend and interpret all operators' manuals, safety codes and other information pertinent to safe hoisting operations;
      3. 3. The ability to comprehend and interpret hand signals;
      4. 4. The ability to communicate in English;
      5. 5. Emergency procedures;
      6. 6. Applicable Massachusetts General Laws and regulations as they relate to hoisting machinery.
   3. (c) Waiver. The Commissioner may, in their discretion, waive the examination requirement in 230 CMR 6.02 if the applicant possesses a nationally recognized certification that is, in the opinion of the Commissioner, substantially equivalent to, or greater than, the requirements in Massachusetts.
   4. (d) Apprentices. Applicants for an apprentice license are exempt from any examination requirements.

4. (4) Incomplete Applications, Denials of Licensure, and Hearing Rights.

   1. (a) The Office shall refuse to issue a license when the application materials are incomplete. Such a refusal shall not be considered a denial of licensure, shall not be deemed to create a hearing right, and shall not be deemed to prohibit the Office from requesting the applicant supplement the application or require the applicant to reapply with a completed application. Grounds for deeming an application incomplete shall include:

      1. 1. Failure to submit application forms required by the office;
      2. 2. Failure to complete all fields contained in the application form;
      3. 3. Failure to submit required fees; or
      4. 4. Failure to submit supporting documentation, including, if applicable, medical certificates and/or continuing education.

   2. (b) Denials of Licensure. The Office may deny an applicant the right to obtain a license based upon the following grounds:

      1. 1. Submittal of false, invalid, incorrect, or fraudulent information on application materials;
      2. 2. The Applicant is under investigation by the Office; or
      3. 3. Evidence of any grounds which, had the applicant been licensed, would subject him/her to disciplinary action pursuant to 230 CMR 6.12.
   3. (c) Right to a Hearing. An applicant who has been denied a license shall be permitted a limited right to a hearing. This right must be claimed by the applicant, in writing, within 14 days of any written denial. The request for hearing must specifically refute the facts upon which the denial was based. If this request meets these requirements, as determined by the Office, the Commissioner shall appoint a presiding officer who will conduct the hearing and issue a decision in compliance with the provisions of M.G.L. c. 30A. The presiding officer shall designate whether the hearing will be held pursuant to 801 CMR 1.01: Formal Rules or 801 CMR 1.02: Informal/Fair Hearing Rules. If the Office determines that there is no genuine issues of material fact in dispute with regards to the denial, it will inform the applicant, in writing, of the denial of the request for the hearing and the reason(s) therefore. Any person aggrieved by a decision made after an adjudicatory hearing may appeal to the Superior Court in accordance with M.G.L. c. 30A, § 14.
5. (5) Failure to Pass an Examination. If an applicant receives a failing score on an examination, the applicant may appeal that score by making written demand upon the Office for a hearing. Pursuant to M.G.L. c. 146, § 66A, the written demand shall be submitted on a form authorized by the Office within one week of receipt of the examination score or posting on the Office’s website, whichever occurs earlier. This form must be submitted with a fee as determined by the Secretary of Administration and Finance under the provisions of M.G.L. c. 7, § 3B. The written demand shall specifically document all grounds upon which the applicant believes the examination score was incorrect. The hearing shall be held before a board of appeals consisting of three Inspectors appointed by the Chief or the Chief and two Inspectors. The hearing shall be held in accordance with M.G.L. c. 30A and the board shall designate whether the hearing will be held pursuant to 801 CMR 1.01: Formal Rules or 801 CMR 1.02: Informal/Fair Hearing Rules. Upon conclusion of the hearing, the board shall issue a written decision upholding or denying the applicant’s appeal.

6. (6) License Renewals. All applicants for renewal licensure shall submit the following to the Office:

   1. (a) A certification that the applicant has completed all continuing education hours required pursuant to 230 CMR 6.04;
   2. (b) A completed application on a form approved by the Office, this form may require a valid email address unless the applicant certifies that they do not have one;
   3. (c) A fee to be determined by the Secretary of Administration and Finance under the provisions of M.G.L. c. 7, § 3B;
   4. (d) A legible photocopy of the applicant's valid DOT medical certificate, Intrastate Medical Waiver from the Massachusetts Registry of Motor Vehicles or ANSI/ASME B30.5-2014 qualifications for operators. In the event that the DOT medical certificate or Intrastate Medical Waiver expires prior to the expiration of the hoisting license, the licensee shall submit a legible photocopy of the new certificate or waiver as applicable;
   5. (e) A photograph or permission to gain access to the Massachusetts Registry of Motor Vehicles database if applicant is a resident of Massachusetts; and
   6. (f) Such other information designated by the Commissioner. A renewal may be denied for any reason which would have justified the denial or discipline

of a license, subject, if applicable, to any hearings required by law. In accordance with M.G.L. c. 146, § 67, a notice of the date of expiration of a license shall, at least 30 days prior to such date, be sent to the licensee. It is the responsibility of the licensee to notify the Office of any changes to their mailing address and email address. Failure to provide the Office with a valid and current mailing address and email address may result in the delay of a license renewal. Licenses not renewed at expiration date shall become void, and shall after one year be reinstated only by re-examination of the licensee

1. (7) Renewals of Apprentice Licenses.

   1. (a) Apprentice licenses shall be valid for a maximum of two years and thereafter may be renewed per 230 CMR 6.02. Apprentice licenses not renewed at expiration date shall become void, and shall after one year be reinstated only by application for a new license.

   2. (b) Applicants for apprentice license renewals shall also submit the following:

      1. 1. A completed application on a form approved by the Office, this form may require a valid email address unless the applicant certifies that they do not have one;
      2. 2. A fee to be determined by the Secretary of Administration and Finance under the provisions of M.G.L. c. 7, § 3B;
      3. 3. A valid DOT medical certificate documenting that the applicant meets the criteria for a DOT medical examination, Intrastate Medical Waiver from the Massachusetts Registry of Motor Vehicles or ANSI/ASME B30.5-2014 qualifications for operators;
      4. 4. A photograph or permission to gain access to the Massachusetts Registry of Motor Vehicles database if applicant is a resident of Massachusetts;
      5. 5. Proof of current registration with the Division of Apprentice Standards; and
      6. 6. Such other information designated by the Commissioner.
   3. (c) A renewal may be denied for any reason which would have justified the denial or discipline of a license, subject, if applicable, to any hearings required by law.
2. (8) It shall be the responsibility of all Licensees to notify the Office of any changes of address (including any provided email addresses) within 15 days of relocation. Licensees who fail to so notify the Office may be subject to disciplinary action and are responsible for any failure to receive official Office correspondence including renewal applications.