Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 15.00 - Criminal Offender Record Checks › Section 15.04 - Definitions

Current through Register 1525, July 5, 2024
Applicant
. Any person seeking
				employment with EOVS or their vendor programs, including current employees
				seeking new positions.
Candidate
. Any person who is first
				determined qualified for the position and has received a conditional offer of
				employment subject to consideration of any criminal record information.
Client
. Any person applying for or
				receiving EOVS, or their vendor programs, services.
CORI Cleared Employee
. Any candidate
				hired as an employee after the hiring authority completed all requirements of
				108 CMR
				15.00.
CORI Coordinator
. The person
				designated by the hiring authority to send requests and receive responses from
				the Department of Criminal Justice Information Services (DCJIS).
CORI Investigation
. The process of
				requesting, receiving, and evaluating CORI related to candidates for
				employment.
Criminal Offender Record Information
				(CORI)
. Information recorded as a result of criminal proceedings
				or any consequent related proceedings and regulated by the Department of
				Criminal Justice Information Services under
				803 CMR
				2.00:
Criminal Offender Record
				Information
(CORI).
Department of Criminal Justice Information Services
				(DCJIS)
. The Commonwealth agency statutorily designated to, among
				other things, provide a public safety information system and network to support
				data collection, information sharing, and interoperability for the
				Commonwealth's criminal justice and law enforcement community and to oversee
				the authorized provision of Criminal Offender Record Information (CORI) to the
				non-criminal justice community.
Employees
. Individuals holding full
				and part-time positions, including state employees, contract employees,
				individual consultants, temporary employees, volunteers, trainees, interns, or
				students, regardless of whether the individuals receive compensation and the
				source of funding for the positions. For the purposes of 108 CMR 15.04, a
				current client of a facility or program who provides services at that facility
				or program will not be considered an employee at that facility or
				program.
Employment
. Full and part-time
				positions held by any person, including state employees, contract employees,
				individual consultants, temporary employees, volunteers, trainees, interns, or
				students, regardless of whether the person receives compensation and the source
				of funding for the positions.
EOVS
. The Executive Office of
				Veterans' Services.
EOVS Funded or Operated Program
. Any
				program operated by EOVS or their vendor programs that provides Veteran
				services for or on behalf of EOVS or its clients in accordance with a
				contract.
Hiring Authority
. The person or
				persons legally authorized or designated to make hiring decisions within EOVS
				or an EOVS vendor program. Different persons may be authorized or designated as
				responsible for specific parts of the process in making a hiring
				decision.
No Record
. The conclusion from a CORI
				search that shows no information relating to the candidate is available for
				release to EOVS or their vendor programs. A finding of "no record" does not
				necessarily mean, however, that criminal information is not present in the CORI
				database.
Otherwise Qualified
. An applicant who
				meets all other employment criteria and consideration for a position or
				admission to an EOVS operated facility.
Pending
. A criminal matter is
				considered pending if the CORI report indicates that the matter remains open
				and without final resolution, including that the case has been continued
				without a finding.
Potential Unsupervised Contact
.
				Potential for contact with a client when no other CORI cleared employee is
				present. A person having only the potential for incidental unsupervised contact
				with clients in commonly used areas such as elevators, hallways, and waiting
				rooms, will not be considered to have the potential for unsupervised contact
				for purposes of
				108
				CMR 15.03. The term "commonly used areas"
				does not include bathrooms or other isolated areas that are separated by sight
				and sound from other staff.
Resident
. A resident is considered a
				Veteran who is living in one of the state operated veterans' homes.
Vendor Program
. A program,
				administered by an individual, corporation, partnership, organization, trust,
				association, or other entity, that provides services to EOVS or EOVS clients
				under a contract issued by EOVS.
Volunteer
. Any person who works in an
				unpaid capacity for EOVS or vendor program. For the purposes of 108 CMR 15.04,
				a current client of a facility or program who provides unpaid services at that
				facility or program will not be considered a volunteer at that facility or
				program.