Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 5.00 - Investigations › Section 5.04 - Registry Compliance Investigations

Current through Register 1525, July 5, 2024
The Commission may initiate an investigation upon learning of a
				suspected violation of any provision of 118 CMR 15.00:
Department and
				Employer Registry-related Hiring and Retention Procedures
by an
				employer or the department in the hiring or retention of a care
				provider.
(1)
Minimum
			 Requirements of a Registry Compliance Investigation
. Each
			 Compliance investigation conducted by the Commission at minimum, shall include:
(a) an interview with a representative of the
			 employer or department who is responsible for or knowledgeable of compliance
			 procedures pursuant to 118 CMR 15.00:
Department and Employer
			 Registry-related Hiring and Retention Procedures
;
(b) an interview with all other relevant
			 witnesses with regard to the employer's or department's compliance with
			 provisions of 118 CMR 15.00:
Department and Employer Registry-related
			 Hiring and Retention Procedures
;
1.
			 If any witness falls within the category of a mandated reporter, he or she has
			 an obligation pursuant to M.G.L. c. 19C to cooperate in the investigation and
			 truthfully provide to the investigator all information he or she may possess
			 that is relevant to the matter under investigation. Refusal to be interviewed
			 or to otherwise cooperate in the investigation will be made a part of the
			 report, and if the witness is an employee of a state agency, unless a mandated
			 reporter's response to a question could be used against him or her in a
			 criminal proceeding, his or her failure to cooperate shall be reported to the
			 person's supervisor and to the appropriate public agency for possible
			 disciplinary action under that agency's regulations or pursuant to the
			 provisions of any relevant collective bargaining agreement or any other
			 contract;
2. Said witness may be
			 accompanied during an interview by a person of his or her own choice who is 18
			 years of age or older; provided that said companion shall not be a supervisor
			 or administrator of the employer or department whose compliance is at issue,
			 unless requested by said witness and agreed to by the investigator; or is not
			 otherwise involved or has an interest in the matter under investigation. Other
			 than being present during the interview, said companion shall not participate
			 in the actual conduct of the interview; and
3. Said witness shall be informed of the
			 existence of the complaint and the general nature of the allegations. Under no
			 circumstances shall the identity of the reporter be disclosed.
(d) the review and obtaining of
			 copies of all documents which are plainly not irrelevant to the matter under
			 investigation from the employer or department and of which disclosure is
			 required pursuant to M.G.L. c. 19C, §§ 5(1) and 15, and 118
			 CMR;
(e) any other tasks which, in
			 the discretion of the Commission, are deemed appropriate and are not plainly
			 irrelevant to the compliance investigation; and
(f) if an investigator does not perform one
			 or more of the requirements in 118 CMR 5.04(1)(a) through (e), the investigator
			 shall detail in the Compliance Investigation Report why the requirement was not
			 met and the Commission shall determine whether said requirement(s) is material
			 to the compliance investigation.