reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 36 - MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY › Subtitle 11 - SPORTS WAGERING APPLICATION REVIEW COMMISSION › Chapter 36.11.02 - All Applicants and Awardees › Section 36.11.02.03 - Separate Applications and Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each SWARC
				application submitted to SWARC shall be accompanied by payment of the
				applicable nonrefundable SWARC application fee, which shall be paid to the
				Commission as provided in Regulation .04A(2) of this chapter.
B. The nonrefundable SWARC application fee is
				separate and distinct from any administrative costs for background
				investigations that are required to be submitted to the Commission under COMAR
				36.10.02.03 to determine an
				applicant's qualification for a license.
C. Unless an applicant submits to the
				Commission the applicant's written consent for the release of information from
				its Commission application to SWARC, SWARC may not review, receive, or consider
				information that an applicant submits to the Commission in its Commission
				application.
D. Upon request to
				SWARC, the Commission may receive, review, or consider information that an
				applicant submits to SWARC in its application that the Commission deems
				necessary for determining whether the applicant can prove, by clear and
				convincing evidence, its qualifications for a license.
E. During its term, SWARC shall retain,
				separate from the Commission's records, any document the applicant submitted
				with its SWARC application.
F. At
				the conclusion of SWARC's term, the Commission shall retain any document the
				applicant submitted with its SWARC application:
(1) For applicants not awarded a license, for
				a period of 5 years from the time SWARC decided not to award a license;
				and
(2) For applicants awarded a
				license, for a period of 5 years from the latest of:
(a) The expiration of the license;
(b) The revocation of the license;
				or
(c) The surrender of the
				license.
Code of Maryland Regulations › Title 36 - MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY › Subtitle 11 - SPORTS WAGERING APPLICATION REVIEW COMMISSION › Chapter 36.11.02 - All Applicants and Awardees › Section 36.11.02.04 - Process for the Submission of Applications and Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. SWARC
				Applications and Fees. By the date and time and in the manner specified by
				SWARC in the SWARC application, an applicant shall submit:
(1) To SWARC, the SWARC application;
				and
(2) To the Commission by
				electronic funds transfer, the nonrefundable SWARC application fee for the
				concurrently submitted SWARC application.
Code of Maryland Regulations › Title 36 - MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY › Subtitle 11 - SPORTS WAGERING APPLICATION REVIEW COMMISSION › Chapter 36.11.02 - All Applicants and Awardees › Section 36.11.02.05 - Submission of Commission Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant
				shall submit a Commission application only to the Commission through the
				eLicensing Portal.
B. Access to
				Portal.
(1) A prospective applicant may
				request access to the Commission's eLicensing Portal before its SWARC
				application is submitted or due.
(2) Access to the Commission's eLicensing
				Portal permits the prospective applicant to begin completing information and
				uploading documentation required for the applicant's submission of a Commission
				application, so that the Commission may conduct an investigation to determine
				the applicant's qualifications for a license.
(3) A prospective applicant's use of the
				eLicensing Portal does not constitute the submission of its Commission
				application.
(4) If a Commission
				application is not submitted within 180 calendar days after it is started in
				the eLicensing Portal, information that a prospective applicant has provided,
				and any documents it uploaded to, the Commission's eLicensing Portal:
(a) Expires and is automatically archived
				from the Portal; and
(b) Shall be
				again entered or uploaded through the Portal to be considered.
(5) The Commission may not begin
				to conduct an applicant's background investigation, or consider its Commission
				application in any way, until the applicant submits:
(a) A completed Commission application;
				and
(b) The related administrative
				costs for background investigations.
Code of Maryland Regulations › Title 36 - MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY › Subtitle 11 - SPORTS WAGERING APPLICATION REVIEW COMMISSION › Chapter 36.11.02 - All Applicants and Awardees › Section 36.11.02.06 - Submission of SWARC Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant
				shall submit a SWARC application only to SWARC.
B. To be considered for the award of a
				license, an applicant shall:
(1) Complete the
				SWARC application as required in Regulation .08 of this chapter;
(2) Timely submit its completed SWARC
				application, which means ensuring that SWARC receives the application as
				specified in its application instructions:
(a)
				Through delivery by any means SWARC specifies;
(b) At the location SWARC specifies;
				and
(c) Before 5 p.m. on the date
				that SWARC specifies; and
(3) Timely submit the nonrefundable
				application fee as required under Regulation .04A(2) of this chapter as
				specified in SWARC's application instructions.
Code of Maryland Regulations › Title 36 - MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY › Subtitle 11 - SPORTS WAGERING APPLICATION REVIEW COMMISSION › Chapter 36.11.02 - All Applicants and Awardees › Section 36.11.02.07 - SWARC Application - Determination of Ineligibility

Current through Register Vol. 51, No. 14, July 12, 2024
Without conducting a hearing, SWARC shall determine that a
				  SWARC application is ineligible for an award of a license if:
A. The completed SWARC application was not
				timely submitted to SWARC;
B. The
				nonrefundable SWARC application fee was not timely submitted to the
				Commission;
C. The applicant's
				required Commission application or administrative costs for background
				investigation was not timely submitted to the Commission; or
D. The SWARC application seeks the award of a
				facility license to an applicant:
(1) Who is
				eligible to apply for a Class A-1 or A-2 sports wagering facility license under
				State Government Article, §
										9-1E-06(a)(1),
				Annotated Code of Maryland;
(2) Who
				holds a Class A-1 or A-2 sports wagering facility license; or
(3) Whose sports wagering facility will be
				located:
(a) Within a 15-mile radius of a
				Class A-1 or A-2 sports wagering facility located in Cecil County or Worcester
				County;
(b) For an application
				submitted before June 1, 2025, within a 15-mile radius of a Class B-1 or B-2
				sports wagering facility located in Charles County;
(c) For an application submitted before June
				1, 2025, within a 10-mile radius of a Class B-1 or B-2 sports wagering facility
				located in Carroll County;
(d) For
				an application submitted before June 1, 2025, within a 5-mile radius of a Class
				B-1 or B-2 sports wagering facility located in Frederick County; or
(e) Within a 1.5-mile radius of:
(i) A Class A-1 or A-2 sports wagering
				facility located in a county not described under §D(3)(a) of this
				regulation; or
(ii) Any other
				existing or operating Class B-1 or B-2 sports wagering facility.
Code of Maryland Regulations › Title 36 - MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY › Subtitle 11 - SPORTS WAGERING APPLICATION REVIEW COMMISSION › Chapter 36.11.02 - All Applicants and Awardees › Section 36.11.02.08 - Requirements for a Completed SWARC Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant
				shall ensure that its SWARC application is complete and timely when
				submitted.
B. A completed SWARC
				application shall:
(1) Be submitted in the
				form and format set forth in §D of this regulation;
(2) Contain all required information set
				forth in §E of this regulation;
(3) If applicable, contain the information
				pertaining to the applicant's efforts to solicit and interview minority and
				women investors, as set forth in §F of this regulation;
(4) Be accompanied by all required documents
				as set forth in §§G and H of this regulation;
(5) Be executed by the applicant, or if the
				applicant is not an individual, the Chief Executive Officer or other authorized
				representative of the applicant; and
(6) Be signed and sworn to before a notary
				public.
Code of Maryland Regulations › Title 36 - MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY › Subtitle 11 - SPORTS WAGERING APPLICATION REVIEW COMMISSION › Chapter 36.11.02 - All Applicants and Awardees › Section 36.11.02.09 - Required Submission of Additional Documents

Current through Register Vol. 51, No. 14, July 12, 2024
A. SWARC may
				request an applicant to submit additional documents to clarify the contents of
				its SWARC application so that SWARC may decide whether to award a
				license.
B. SWARC shall notify the
				applicant in writing that additional documents are required.
C. An applicant notified in accordance with
				§A of this regulation shall submit to SWARC the required documents no
				later than 14 calendar days after SWARC issues the notice.
D. Notice to Applicant.
(1) If SWARC notifies an applicant that
				additional documents are required pursuant to §A of this regulation and
				the applicant is unable to timely submit the required documents:
(a) Before the expiration of 14 calendar days
				from the date of SWARC's notice, the applicant shall provide SWARC good cause
				as to why it is unable to timely provide the required documents; or
(b) After the expiration of 14 calendar days
				from the date of SWARC's notice, the applicant shall provide SWARC good cause
				for its failure to:
(i) Provide the required
				documents; and
(ii) Respond to
				SWARC within 14 calendar days of SWARC's notice.
Code of Maryland Regulations › Title 36 - MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY › Subtitle 11 - SPORTS WAGERING APPLICATION REVIEW COMMISSION › Chapter 36.11.02 - All Applicants and Awardees › Section 36.11.02.10 - Limitation on Changing a SWARC Application - Changed Circumstance

Current through Register Vol. 51, No. 14, July 12, 2024
A. If any
				information submitted by an applicant as part of a SWARC application changes or
				becomes inaccurate before SWARC has awarded or denied a license sought by the
				submission of the SWARC application, the applicant shall immediately submit to
				SWARC written notification of the change or inaccuracy.
B. An applicant may not change a SWARC
				application after it has been submitted except:
(1) As provided in Regulations .09 or .11 of
				this chapter; or
(2) To address a
				change in the circumstances surrounding the SWARC application that was outside
				the control of the applicant and that affects the ability of the applicant to
				comply with the sports wagering law or this subtitle.
Code of Maryland Regulations › Title 36 - MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY › Subtitle 11 - SPORTS WAGERING APPLICATION REVIEW COMMISSION › Chapter 36.11.02 - All Applicants and Awardees › Section 36.11.02.11 - Limitation on Changing a SWARC Application - Omission or Mistake

Current through Register Vol. 51, No. 14, July 12, 2024
A. SWARC may permit
				an applicant to change its SWARC application to remedy an omission or a
				mistaken failure to comply with an applicable law or regulation, if SWARC
				determines the failure to be inadvertent or nonsubstantive.
B. To request a change to a SWARC application
				under this regulation, an applicant shall submit to SWARC a written request for
				its proposed change to the application that describes:
(1) The omission or mistake was promptly
				reported to SWARC after its discovery;
(2) The nature of the proposed
				change;
(3) Why the proposed change
				is necessary to bring the application into compliance with applicable law or
				regulation; and
(4) The law or
				regulation applicable to the proposed change.
Code of Maryland Regulations › Title 36 - MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY › Subtitle 11 - SPORTS WAGERING APPLICATION REVIEW COMMISSION › Chapter 36.11.02 - All Applicants and Awardees › Section 36.11.02.12 - Withdrawal of Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before SWARC has
				awarded or denied a license, an applicant may withdraw a SWARC application by
				submitting a written notice to SWARC.
B. An applicant that withdraws a SWARC
				application may not:
(1) Receive a refund of
				its SWARC application fee; or
(2)
				Have its SWARC application or any documents submitted to SWARC in support of
				the application returned.
Code of Maryland Regulations › Title 36 - MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY › Subtitle 11 - SPORTS WAGERING APPLICATION REVIEW COMMISSION › Chapter 36.11.02 - All Applicants and Awardees › Section 36.11.02.13 - Evaluation of Applications

Current through Register Vol. 51, No. 14, July 12, 2024
In evaluating an application for the award of a license,
				  SWARC will consider all information concerning the applicant, including
				  information concerning its officers, principals, affiliates, online sports
				  wagering operator, or other representatives, based upon the following criteria,
				  in no particular order and with no particular weight assigned:
A. Experience, business ability, and track
				record that evidences the applicant's, or the applicant's identified sports
				wagering operator's, ability to establish and operate a successful sports
				wagering operation;
B. Demonstrated
				ability to comply with applicable sports wagering laws and regulations,
				including regulatory compliance in other jurisdictions and past cooperation
				with regulatory authorities;
C.
				Demonstrated culture of and investments in responsible gaming programs, and an
				effective governance and compliance program;
D. Demonstrated financial stability,
				resources, integrity, and business ability and acumen and applicant's ability
				to compete in the Maryland sports wagering market;
E. If an applicant sought investors, evidence
				of applicant's serious, good-faith efforts to solicit and interview a
				reasonable number of minority and women investors and whether or not any of
				those investors have purchased an equity share in the applicant;
F. The maximization of sports wagering
				revenues, including projected proceeds to the State;
G. Ability to commence sports wagering
				operations within a reasonable period of time after the award of the
				license;
H. The extent to which the
				proposed sports wagering operation preserves existing Maryland jobs and creates
				new Maryland jobs;
I. The
				anticipated wages and benefits for new Maryland jobs that would be
				created;
J. Demonstrated
				willingness and commitment to make investments in Maryland;
K. For facility licenses:
(1) Whether the proposed facility is located
				within an opportunity zone or an enterprise zone;
(2) The extent to which the proposed facility
				encourages Maryland wagering participants to remain in the State when placing
				sports wagers; and
(3) The extent
				to which the proposed facility will attract out-of-State visitors;
Code of Maryland Regulations › Title 36 - MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY › Subtitle 11 - SPORTS WAGERING APPLICATION REVIEW COMMISSION › Chapter 36.11.02 - All Applicants and Awardees › Section 36.11.02.14 - License Award Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission
				shall review all eligible applicants and notify SWARC by email of the
				applicants determined to be qualified.
B. SWARC may not award a license to an
				applicant that has not been found qualified by the Commission.
C. SWARC may not award a license unless it
				determines and declares in writing that award of the license to the applicant
				is in the public interest and is consistent with the purposes of State
				Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland.
D. For each qualified applicant, SWARC shall
				make a license award determination in writing based on the requirements and
				criteria set forth in this chapter.
E. Promptly after making an award decision,
				SWARC shall provide written notification of its decision to the applicant and
				Commission.
F. If SWARC awards the
				applicant a license, SWARC's notice of award to the successful applicant shall
				include notice that:
(1) The Commission shall
				evaluate and approve the awardee's sports wagering operations before issuing a
				license to the applicant;
(2) The
				awardee may begin sports wagering operations only after it has been issued a
				license to do so by the Commission; and
(3) The awardee may not transfer the award to
				another person.
Code of Maryland Regulations › Title 36 - MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY › Subtitle 11 - SPORTS WAGERING APPLICATION REVIEW COMMISSION › Chapter 36.11.02 - All Applicants and Awardees › Section 36.11.02.15 - Surrender of License Award

Current through Register Vol. 51, No. 14, July 12, 2024
A. An awardee may
				surrender a license award by notifying SWARC in writing of its
				surrender.
B. Upon an awardee's
				notification to SWARC of its surrender of the award, the awarded license is
				terminated, and the awardee may not:
(1)
				Receive a refund of its SWARC application fee; or
(2) Have its SWARC application or any
				documents submitted to SWARC in support of the application returned.
Code of Maryland Regulations › Title 36 - MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY › Subtitle 11 - SPORTS WAGERING APPLICATION REVIEW COMMISSION › Chapter 36.11.02 - All Applicants and Awardees › Section 36.11.02.16 - License Awards - Surrendered, Lapsed, or Revoked Licenses

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before January
				1, 2028:
(1) SWARC may award a surrendered,
				lapsed, or revoked sports wagering license to another applicant utilizing the
				criteria established in State Government Article, Title 9, Subtitle 1E,
				Annotated Code of Maryland, and this subtitle; and
(2) The Commission may issue the license to
				the applicant in accordance with State Government Article, Title 9, Subtitles
				1A and 1E, Annotated Code of Maryland, COMAR 36.10, and this
				subtitle.
Code of Maryland Regulations › Title 36 - MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY › Subtitle 11 - SPORTS WAGERING APPLICATION REVIEW COMMISSION › Chapter 36.11.02 - All Applicants and Awardees › Section 36.11.02.17 - Continuing Obligations

Current through Register Vol. 51, No. 14, July 12, 2024
A. At all times, an
				applicant, awardee, and sports wagering licensee:
(1) Shall conform to all documents it
				submitted in support of its SWARC application and Commission
				application;
(2) Shall conform to
				the terms and conditions of its memorandum of understanding submitted to SWARC
				pursuant to State Government Article, §
										9-1E-15(i)(2),
				Annotated Code of Maryland; and
(3)
				May not discriminate against a person who in good faith informs SWARC of an act
				or omission that the person believes constitutes a violation of:
(a) State Government Article, Title 9,
				Subtitles 1E, Annotated Code of Maryland; or
(b) Regulations promulgated by SWARC or the
				Commission.
Code of Maryland Regulations › Title 36 - MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY › Subtitle 11 - SPORTS WAGERING APPLICATION REVIEW COMMISSION › Chapter 36.11.02 - All Applicants and Awardees › Section 36.11.02.18 - Burden of Proof

Current through Register Vol. 51, No. 14, July 12, 2024
At all times, the burden of proof shall be on the applicant,
				  awardee, or licensee to establish, by clear and convincing evidence, that the
				  applicant, awardee, or licensee meets requirements under State Government
				  Article, Title 9, Subtitles 1A and 1E, Annotated Code of Maryland, COMAR 36.10,
				  and this subtitle.
Code of Maryland Regulations › Title 36 - MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY › Subtitle 11 - SPORTS WAGERING APPLICATION REVIEW COMMISSION › Chapter 36.11.02 - All Applicants and Awardees › Section 36.11.02.19 - Ownership Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. SWARC may not
				award a license to an applicant that has not demonstrated direct or indirect
				ownership of not less than 5 percent by individuals with personal net worth of
				less than $1,847,000 each.
B.
				Owners of the applicant intended to satisfy this ownership criteria shall
				provide to the applicant a signed, notarized certification stating that the
				individual's personal net worth is less than $1,847,000 and such certifications
				shall be submitted with the applicant's SWARC application.
Code of Maryland Regulations › Title 36 - MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY › Subtitle 11 - SPORTS WAGERING APPLICATION REVIEW COMMISSION › Chapter 36.11.02 - All Applicants and Awardees › Section 36.11.02.20 - Request to Change Proposed Facility Location

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation pertains only to awardees
				of a Class B-2 sports wagering facility license.
B. Notwithstanding any other provision of
				COMAR 36.11:
(1) An awardee of a Class B-2
				sports wagering facility license may submit to SWARC and the Commission a
				request to amend the application for the sole purpose of altering the proposed
				location of the sports wagering facility, if:
(a) The Commission qualified the applicant on
				or before February 15, 2023;
(b)
				SWARC awarded the applicant's sports wagering facility license on or before
				February 15, 2023; and
(c) The
				Commission has not yet issued the license.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 10.00 - Transitional Planning Services › Section 10.01 - Purpose

Current through Register 1525, July 5, 2024
101 CMR 10.00 establishes the
				procedures for the appeal, modification, extension and termination of an
				Individual Transitional Plan established under M.G.L. c. 71B, § 12C to
				disabled persons who will be losing their entitlement to special education
				services because of age or graduation from high school.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 10.00 - Transitional Planning Services › Section 10.02 - Definitions

Current through Register 1525, July 5, 2024
Bureau of Transitional Planning (BTP)
.
				The bureau within the Executive Office of Health and Human Services which is
				responsible for coordinating the development of and monitoring the
				implementation of an individual transitional plan.
Disabled Person
. A disabled person
				within the meaning of M.G.L. c. 71B, § 12A.
Individual Transitional Plan (FTP)
. A
				plan for a program of habilitative services for disabled persons whose
				entitlement to services under special education programs has terminated or will
				terminate as a result of such person's graduation from high school or
				attainment of 22 years of age.
Transitional Advisory Committee (TAC)
.
				A committee established pursuant to M.G.L. c. 71B, § 12B which reviews and
				approves all ITPs. The TAC consists of the Secretary of the Executive Office of
				Health and Human Services or his or her designee, and representatives from the
				Executive Office of Labor and Workforce Development, Department of Mental
				Health, Department of Developmental Services, Department of Public Health,
				Department of Children and Families, Department of Transitional Assistance,
				Department of Youth Services, Massachusetts Rehabilitation Commission,
				Massachusetts Commission for the Deaf and Hard of Hearing, Massachusetts
				Commission for the Blind, and the Department of Elementary and Secondary
				Education.
Transitional Agency
. A state agency
				within the Executive Office of Health and Human Services designated at the
				start of the transitional planning process to develop an FTP for a disabled
				person and to act as case coordinator to a disabled person during the
				transitional planning process.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 10.00 - Transitional Planning Services › Section 10.03 - Appeal of Individual Transitional Plan by a Disabled Person

Current through Register 1525, July 5, 2024
Within 90 days following the receipt of an FTP approved by the
				TAC, a disabled person may appeal the FTP, in whole or in part, including the
				scope of services identified by the committee as necessary or appropriate to
				assist such person in realizing his or her potential for self-sufficiency in
				major life activities, the agencies responsible for providing such services
				(provided, however, that agency eligibility requirements are met), and the
				location and duration of such services, by filing a written notice of appeal to
				the EOHHS Secretary. The disabled person shall include with the notice of
				appeal documentation or other evidence in support of the appeal and shall
				provide a copy of the notice and accompanying documentation or evidence to the
				BTP. Failure to file a notice of appeal within 90 days following the receipt of
				an ITP approved by the TAC shall constitute a waiver of a right to an
				administrative appeal.
The EOHHS Secretary, or his or her designee, may receive and
				consider statements of position from the BTP and any state agency designated to
				provide services under the ITP. Within 30 days following the receipt of a
				notice of appeal, the EOHHS Secretary or designee shall issue a written ruling
				either affirming or modifying the ITP and shall provide a copy of the ruling to
				the disabled person, the BTP, and any state agency which has submitted a
				statement of position. The Secretary's decision shall be final and shall not be
				subject to further administrative review.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 10.00 - Transitional Planning Services › Section 10.04 - Appeal of the Individual Transitional Plan by a State Agency

Current through Register 1525, July 5, 2024
Any state agency designated on an ITP as a service provider may
				appeal an ITP by requesting in writing a review by the Secretary of EOHHS
				within 30 days of the TAC approval of the ITP to determine whether:
(a) services to be provided are within such
			 agency's jurisdiction or mandate,
(b) such agency is appropriately designated
			 as the responsible state agency; and
(c) the duration of services to be provided
			 is necessary and appropriate and within such agency's jurisdiction or mandate.
The appealing state agency shall include in its request
				documentation or other evidence in support of the appeal and shall provide a
				copy of the appeal and documentation or other evidence to the BTP and the
				disabled person. The Secretary's or designee's decision shall be final and
				shall not be subject to further administrative review.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 10.00 - Transitional Planning Services › Section 10.05 - Extension of the Individual Transitional Plan

Current through Register 1525, July 5, 2024
Extension
. The BTP may grant a request
				for an extension of the date for implementation of ITP beyond the projected
				start date for services when the person's special education termination date is
				changed to a later date by the local education agency, by court order, or by
				order of the Bureau of Special Education Appeals. A request for extension may
				also be granted when the services to be provided are not yet in
				place.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 10.00 - Transitional Planning Services › Section 10.06 - Termination of the Individual Transitional Plan

Current through Register 1525, July 5, 2024
Termination
. An ITP shall terminate
				when the state agencies designated on the ITP as service providers have
				developed an individualized service plan for the disabled person as specified
				on the ITP, and the services listed on the ITP are being provided. The
				transitional agency shall continue to act as case coordinator for the disabled
				person, and the BTP shall monitor the implementation of the ITP by the
				responsible agencies until these services are provided. Whenever the services
				outlined on an ITP are to be provided by more than one agency, the BTP shall
				appoint a chief case manager in one lead agency to oversee the coordination,
				implementation, and delivery of services to the disabled person by all the
				agencies designated on the ITP.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 15.00 - CRIMINAL OFFENDER RECORD CHECKS › Section 15.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				101 CMR 15.00 is to establish
				a core standardized policy and procedure for the Executive Office of Health and
				Human Services (EOHHS), its agencies, and vendor programs regarding the review
				of criminal records of candidates for employment.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 15.00 - CRIMINAL OFFENDER RECORD CHECKS › Section 15.02 - Policy

Current through Register 1525, July 5, 2024
It is the policy of EOHHS that an individual's background,
				including any Criminal Offender Record Information (CORI) and other relevant
				information, be carefully considered so that the vulnerable populations served
				by EOHHS and its agencies are protected. It is also the policy of EOHHS that
				qualified rehabilitated offenders are given a fair opportunity to be employed
				and reintegrate successfully into the workforce. Further, a criminal background
				check should only occur, and its results considered, in those instances where a
				current or prospective employee shall have been deemed otherwise qualified and
				the content of a criminal record is relevant to the duties and qualifications
				of the position.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 15.00 - CRIMINAL OFFENDER RECORD CHECKS › Section 15.03 - Scope

Current through Register 1525, July 5, 2024
(1) Upon completion of registration with the
			 Department of Criminal Justice Information Services (DCJIS), criminal history
			 information shall be required and only considered with respect to the following
			 categories of applicants and employees of EOHHS, its agencies, and vendor
			 programs:
(a) applicants and employees
			 seeking a position that entails the potential for unsupervised contact with
			 program clients;
(b) applicants and
			 employees for whom a CORI is necessary to comply with other legal requirements,
			 or for whom a CORI is otherwise deemed by EOHHS, its agencies, or vendor
			 programs to be relevant to the duties and qualifications of the position;
			 and
(c) employees who apply for a
			 new position that falls within the scope of 101 CMR 15.03(1)(a) or
			 (b).
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 15.00 - CRIMINAL OFFENDER RECORD CHECKS › Section 15.05 - Community Service and Work Release Workers

Current through Register 1525, July 5, 2024
(1) Notwithstanding anything in
			 101 CMR 15.00, EOHHS or any
			 EOHHS agency or their vendor programs that participate in either a criminal
			 justice related community service program or a work release program must
			 require all individuals who participate to disclose his or her criminal record
			 on a form signed by the candidate's criminal justice official. No inquiry,
			 however, may be made inconsistent with M.G.L. c. 151B, § 4, para 9 which
			 prohibits the disclosure of:
(a) an arrest,
			 detention, or disposition regarding any violation of law in which no conviction
			 resulted; or
(b) a first conviction
			 for any of the following misdemeanors: drunkenness, simple assault, speeding,
			 minor traffic violations, affray, or disturbance of the peace; or
(c) any conviction of a misdemeanor where the
			 date of such conviction or the completion of any period of incarceration
			 resulting there from, whichever date is later, occurred five or more years
			 prior to the date of such application for employment or such request for
			 information, unless such person has been convicted of any offense within five
			 years immediately preceding the date of such application for employment or such
			 request for information.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 15.00 - CRIMINAL OFFENDER RECORD CHECKS › Section 15.06 - Application Forms

Current through Register 1525, July 5, 2024
(1)
Disclosure of Criminal Records
.
(a) No initial employment application form
			 may ask whether an applicant has a criminal record. Only a candidate who has
			 been first determined otherwise eligible for a position subject to a CORI and
			 given a conditional offer of employment subject to consideration of any
			 criminal record, may be asked to complete a supplemental form requiring the
			 disclosure of the candidate's criminal record. No inquiry may be made
			 inconsistent with M.G.L. c. 151B, § 4, para 9, referenced under
			 101 CMR
			 15.05(1).
(b) Any other criminal record information
			 will be obtained in accordance with 101 CMR 15.06(2).
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 15.00 - CRIMINAL OFFENDER RECORD CHECKS › Section 15.07 - CORI Investigations

Current through Register 1525, July 5, 2024
(1) A hiring
			 authority will complete a CORI investigation only after determining that the
			 person is otherwise qualified for employment and making a conditional offer of
			 employment to a candidate, subject to consideration of any criminal
			 record.
(2) The hiring authority
			 will confirm an offer only after the hiring authority receives written
			 confirmation that the criminal record investigation has resulted in a finding
			 of "no record" or the hiring authority has complied with the requirements of
			 101 CMR 15.07,
			 15.08,
			 and
			 15.09.
			 The hiring authority will not permit any candidate to commence employment until
			 after the candidate is cleared as a result of the CORI investigation in
			 accordance with
			 101 CMR 15.00.
			 Notwithstanding the foregoing, pending the candidate being cleared, the hiring
			 authority may permit the candidate to commence employment on a temporary basis
			 in a position outside the scope of 101CMR 15.03(1).
(3) All CORI investigations that result in a
			 finding of "no record" are transmitted back to the hiring authority and provide
			 sufficient evidence of suitability for hire for 60 business days. A "no record"
			 finding may be valid for consideration for other positions during such 60
			 days.
(4) All CORI investigations
			 that show findings of criminal records are sent immediately to the hiring
			 authority for review and action consistent with
			 101 CMR 15.00.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 15.00 - CRIMINAL OFFENDER RECORD CHECKS › Section 15.08 - Findings from CORI Investigations - No Further Review - Outstanding Warrants

Current through Register 1525, July 5, 2024
(1) If the CORI investigation reveals a
			 conviction of a
			 101 CMR 15.15:
Table B
crime that is a felony more than ten years old, or a
			 101 CMR 15.15:
Table B
crime that is a misdemeanor more than five years old,
			 and there are no subsequent convictions or pending cases of any kind, the
			 hiring authority will not consider such crime. For purposes of computing the
			 five and ten-year time periods, the time period will run from the date any
			 court supervision, probation, or sentence was terminated.
(2) If the CORI investigation reveals an
			 outstanding warrant for any offense, the hiring authority will inform the
			 candidate that he or she is ineligible for employment unless the warrant is
			 removed.
(3) Storage, retention,
			 and destruction of all CORI reports, including those with a finding of "no
			 record", shall be in accordance with
			 803 CMR 2.00:
Criminal
			 Offender Record Information (CORI)
.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 15.00 - CRIMINAL OFFENDER RECORD CHECKS › Section 15.09 - Findings from CORI Investigation - Crimes Subject to Review

Current through Register 1525, July 5, 2024
(1) If the CORI investigation reveals a
			 conviction of a
			 101 CMR 15.15:
Table A
crime, regardless of when it occurred, or a pending
			 101 CMR 15.15:
Table A
crime, or a conviction of a
			 101 CMR 15.15:
Table B
crime within the five- and ten-year time periods
			 referenced under
			 101
			 CMR 15.08(1), or a pending
			 101 CMR 15.15:
Table B
crime, the hiring authority will give careful
			 consideration to the following factors in its decision to hire or not hire the
			 candidate:
(a) time since the conviction or
			 pending offense;
(b) age of the
			 candidate at the time of the offense;
(c) nature and specific circumstances of the
			 offense;
(d) sentence imposed and
			 length of any period of incarceration;
(e) relationship of the criminal act to the
			 nature of the work to be performed;
(f) number of offenses;
(g) whether offenses were committed in
			 association with a dependence on drugs or alcohol, from which the candidate has
			 since recovered;
(h) any relevant
			 evidence of rehabilitation or lack thereof, such as information about
			 compliance with conditions of parole or probation, including orders of no
			 contact with victims and witnesses; and the individual's conduct and experience
			 since the time of the offense, including but not limited to educational or
			 professional certifications obtained; and
(i) any other relevant information, including
			 information submitted by the candidate, or requested by the hiring
			 authority.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 15.00 - CRIMINAL OFFENDER RECORD CHECKS › Section 15.10 - Post Audit and Compliance Review

Current through Register 1525, July 5, 2024
(1)
			 EOHHS or an EOHHS agency may conduct a periodic review of all documentation of
			 compliance with
			 101 CMR 15.00, including
			 written determinations of hiring decisions of candidates as required under
			 101 CMR
			 15.09(2).
(2) If such review or other relevant
			 information obtained by EOHHS or an EOHHS agency raises concerns about the
			 hiring authority's compliance, EOHHS or an EOHHS agency may require the hiring
			 authority to submit documentation for all hiring decisions and provide EOHHS or
			 an EOHHS agency five business days to disapprove any decision to hire. EOHHS or
			 an EOHHS agency may require the hiring authority to follow such prior review
			 process for as long a period as it determines is necessary to ensure that the
			 hiring authority is complying.
(3)
			 Notwithstanding 101 CMR 15.10(2), in the event of noncompliance by a vendor
			 program with any provision under
			 101 CMR 15.00, EOHHS may
			 terminate the vendor's contract or take such other action it determines
			 appropriate
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 15.00 - CRIMINAL OFFENDER RECORD CHECKS › Section 15.11 - Dissemination

Current through Register 1525, July 5, 2024
CORI records may be disseminated only to individuals, such as
				the hiring authority or CORI Coordinator, designated by the agency or vendor
				program to receive such information, and included in the agency or vendor's
				need to know list. The hiring authority will maintain a listing of persons so
				designated. Any further dissemination shall be accordance with
				803 CMR 2.00:
Criminal
				Offender Record Information (CORI)
, and a log of such secondary
				dissemination shall be maintained in accordance with DCJIS regulations. Willful
				dissemination of CORI to unauthorized individuals is punishable by a jail
				sentence of up to one year and/or a fine of $5,000, or in the case of
				dissemination by an entity that is not a natural person, a fine of up to
				$50,000. Further in the case of dissemination of juvenile delinquency records
				such fine may be up to $7,500 and if by an entity not a natural person, up to
				$75,000.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 15.00 - CRIMINAL OFFENDER RECORD CHECKS › Section 15.12 - Incidents

Current through Register 1525, July 5, 2024
If any hiring authority receives an allegation that an EOHHS,
				an EOHHS agency, or vendor program employee whose CORI contained a record has
				harmed a client, the hiring authority will immediately report the allegation to
				the EOHHS or EOHHS agency General Counsel. Notification will include
				documentation of the hiring decision of the hiring authority.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 15.00 - CRIMINAL OFFENDER RECORD CHECKS › Section 15.13 - Agency Regulations

Current through Register 1525, July 5, 2024
101 CMR 15.00 is intended to
				supersede any EOHHS agency regulations on the use of CORI for employment
				purposes. To the extent that any agency regulation may conflict,
				101 CMR 15.00 will take
				precedence.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 15.00 - CRIMINAL OFFENDER RECORD CHECKS › Section 15.14 - Severability

Current through Register 1525, July 5, 2024
If any provisions of
				101 CMR 15.01 through
				15.15, or the
				applications of such provisions to any person or circumstance are held invalid
				or unconstitutional, the other provisions of said
				101 CMR 15.01 through
				15.15, or the
				application of such provisions to any person or circumstance other than that as
				to which it is held invalid or unconstitutional, shall not be affected
				thereby.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 16.00 - Personal Data Use And Permitted Disclosures By And Among The Executive Office Of Health And Human Services And Its Agencies › Section 16.01 - Applicability

Current through Register 1525, July 5, 2024
101 CMR 16.00 applies to the
				Executive Office of Health and Human Services (EOHHS) and to all other agencies
				as defined in
				101 CMR 16.03:
Agency.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 16.00 - Personal Data Use And Permitted Disclosures By And Among The Executive Office Of Health And Human Services And Its Agencies › Section 16.02 - Purpose

Current through Register 1525, July 5, 2024
(1)
								101 CMR 16.00 is promulgated
			 pursuant to M.G.L. c. 6A, § 16 and in conformance with M.G.L. c. 66A,
			 § 2(c) to authorize the sharing of data, including personal data by and
			 among EOHHS and its agencies, subject to the appropriate protections for the
			 confidentiality of client data.
(2)
								101 CMR 16.00 governs the use
			 and disclosure of personal data by EOHHS and among the agencies with in it. It
			 prescribes circumstances in which personal data shall or may be used and
			 disclosed by and among EOHHS and EOHHS agencies.
(3) Nothing herein is intended to limit or
			 prohibit the Secretary or agencies fromusing and disclosing personal data where
			 otherwise permitted or required by federal and state law.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 16.00 - Personal Data Use And Permitted Disclosures By And Among The Executive Office Of Health And Human Services And Its Agencies › Section 16.03 - Definitions

Current through Register 1525, July 5, 2024
The following terms used in
				101 CMR 16.00 have the
				meanings given in 101 CMR 16.03 unless the context clearly requires another
				meaning.
Agency
- the Executive Office of
				Health and Human Services (EOHHS) or any department, agency, commission,
				office, board, division, or any other body within EOHHS as set out in M.G.L. c.
				6A, § 16, including the Executive Office of Elder Affairs.
Client
- an applicant for, or
				recipient of, agency benefits or services, including services provided by the
				Department of Social Services or the Department of Youth Services.
Personal Data
- has the same meaning
				as used in M.G.L. c. 66A, and includes "individually identifiable health
				information" within the meaning of the Health Insurance Portability and
				Accountability Act,
				42
				U.S.C. 1320d
et seq
.
Program Providing Benefits or Services
- a state-funded program that provides cash assistance, services, or other
				benefits including payment for or access to services, or a program that is
				federally funded or federally assisted, including, but not limited to, the Food
				Stamp Program, 7 U.S.C. § 2011
et seq
., the Temporary
				Assistance to Needy Families Program, 42 U.S.C. § 601
et
				seq
., Medical Assistance to the States, 42 U.S.C. § 1396
et seq
., the State Children's Health Insurance Plan, 42 U.S.C.
				§ 1397aa
et seq
., the Child Welfare and Adoption
				Assistance Program, 42 U.S.C. § 671
et seq
., programs
				funded under the Older Americans Act, 12 U.S.C. 3508g, and programs funded
				under the Rehabilitation Act.
Secretary
- the Secretary of the
				Executive Office of Health and Human Services who is the executive head of all
				EOHHS agencies pursuant to M.G.L. c. 6A, § 16.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 16.00 - Personal Data Use And Permitted Disclosures By And Among The Executive Office Of Health And Human Services And Its Agencies › Section 16.04 - Use or Disclosure of Personal Data by EOHHS

Current through Register 1525, July 5, 2024
(1) EOHHS shallhold data, including, but not
			 limited to, the names, addresses, and dates of birth of agency clients, as well
			 as any other personal data or identifying information the Secretary shall
			 determine necessary to carry out the responsibilities assigned to the Secretary
			 and EOHHS under M.G.L. c. 6A, § 16. EOHHS shall develop policies and
			 guidelines regarding use, disclosure, and maintenance of such data by agency
			 employees to safeguard the confidentiality of such information.
(2) As executive head of all agencies under
			 M.G.L. c. 6A, § 16, the Secretary shall have access to personal data of
			 agency clients held by such agencies. The Secretary may designate others who
			 shall b e authorized to access data in the same manner and to the same extent
			 as the Secretary. The Secretary or his designee shall use and disclose such
			 data only in a manner consistent with applicable federal laws,
			 101 CMR 16.00, and other
			 state laws. A designee shall include, but is not limited to, an agency employee
			 or contractor engaged in evaluative and other quality assurance activities
			 involving agency programs and services.