Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 105.00 - Investigations And Enforcement Bureau › Section 105.10 - Authority to Retain and Utilize Contractor Investigators

Current through Register 1525, July 5, 2024
(1) The commission may, pursuant to M.G.L. c.
			 23K, § 4 and M.G.L. c. 23N, § 6(d), and any applicable procurement
			 procedures, retain qualified contractor investigators, either directly or
			 pursuant to a contract or contracts with a private investigative business or
			 businesses, to assist the bureau in conducting initial suitability,
			 qualification, and background investigations of license applicants and
			 qualifiers in accordance with the criteria set forth in M.G.L. chs. 23K and 23N
			 and 205 CMR.
(2) In retaining
			 contractor investigators, the commission may establish minimum qualifications
			 in terms of education, training, and experience in federal, state or local,
			 civil or criminal, law enforcement, regulatory and investigative
			 matters.
(3) Prior to entering a
			 contract with the commission, each prospective contractor investigator and, if
			 applicable, the investigator's related business shall be subject to an
			 expedited background inquiry by the bureau through the gaming and enforcement
			 unit, which shall include, without limitation, an examination of prior criminal
			 history, financial stability, reputation for integrity, honesty, good
			 character; and education, training, and experience in federal, state or local,
			 civil or criminal, law enforcement, regulatory and investigative matters. If a
			 contractor investigator and, if applicable, the investigator's business entity
			 is deemed suitable and qualified by the bureau in its discretion based on this
			 expedited background inquiry, then the commission on behalf of the bureau may
			 enter into a contract for the professional services of the contractor
			 investigator in a form and with terms such acceptable to the
			 commission.
(4) Once retained, each
			 contractor investigator shall be provided with the necessary authority and
			 credentials to serve as an official agent of the bureau in conducting initial
			 suitability, qualification, and background investigations of license applicants
			 and qualifiers in accordance with the criteria set forth in M.G.L. chs. 23K and
			 23N and 205 CMR.
(5) Immediately on
			 being retained each contractor investigator shall be sworn to the faithful
			 performance of the investigator's official duties under M.G.L. chs. 23K and 23N
			 and 205 CMR. Before a contractor investigator can participate in any
			 investigation under M.G.L. chs. 23K and 23N or 205 CMR, the investigator shall
			 execute a certification acknowledging the investigator's full understanding and
			 acceptance of the authority given, applicable confidentiality provisions, and
			 the limits to such an investigative authority.
(6) Each contractor investigator shall report
			 to the deputy director of the bureau, or the deputy director's designee. In the
			 case of an absence or vacancy in the office of the deputy director, each
			 contractor investigator shall report to an interim supervisor designated by the
			 chair to supervise such investigators and investigations
(7) Any contract entered by the commission
			 for the services of any contractor investigator may be terminated by the
			 commission, without cause, liability or recourse.