Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 1.00 - Rules Of Procedure › Section 1.06 - Summonses

Current through Register 1525, July 5, 2024
(1)
Summonses for Records and Documents
(a) The Inspector General may issue summonses
			 requiring the production of any records, reports, audits, reviews, papers,
			 books, documents, recommendations, correspondence or other material relevant to
			 any matter under investigation, audit or review by the Office; excepting
			 records subject to the provisions of M.G.L.c. 66, § 18 as defined in
			 M.G.L. c. 66, § 3.
(b) A
			 summons issued pursuant to 945 CMR 1.06(1)(a) may be issued to any person,
			 private organization or public body, including, without limitation, any
			 officer, partner, proprietor, employee, or custodian of records of any private
			 organization or public body.
(c) A
			 summons issued pursuant to 945 CMR 1.06(1)(a) shall be served in the same
			 manner as are summonses for the production of documents in civil cases issued
			 on behalf of the Commonwealth.
(d)
			 Books and papers produced pursuant to a summons issued under 945 CMR 1.06(1)(a)
			 shall be retained by the Office of the Inspector General for so long as needed
			 for completion of the investigation, audit or review being conducted. A person
			 who has produced records pursuant to such a summons issued under 945 CMR
			 1.06(1)(a) may request the Inspector General to provide access to the records
			 for inspection or copying at the party's expense. Such access shall be
			 permitted at any reasonable time excepting only when it unduly interferes with
			 the Office or its staff.
(e) A
			 summons issued pursuant to 945 CMR 1.06(1)(a) shall be approved and issued by
			 the Inspector General or his designee. For purposes of 945 CMR 1.06(1)(e), the
			 designees of the Inspector General shall be restricted to the First Assistant
			 Inspector General, Assistant Inspector General for Investigations and General
			 Counsel as authorized to approve and issue summonses for records and
			 documents.
(f) The person to whom a
			 summons is issued pursuant to 945 CMR 1.06(1)(a) may seek modification of the
			 scope or conditions for compliance with the summons by applying in writing
			 within five calendar days to the Inspector General or his designee identified
			 on the summons. Such application shall state with particularity the extent of
			 the requested modification and the reasons thereof. The scope or conditions for
			 compliance with a summons may be modified only by the Inspector General or his
			 designee.
(g) In the case of public
			 bodies or officials, records, documents or other material shall ordinarily be
			 sought first by request for voluntary production rather than by issuance of a
			 summons under 945 CMR 1.06(1)(a), unless doing so would, in the judgment of the
			 Inspector General, unduly interfere with the investigation, audit or review
			 being conducted.
(h) Neither the
			 issuance of a summons nor any record or document produced under 945 CMR 1.06(1)
			 shall be made public by the Inspector General or any officer, employee or agent
			 of the Office .