Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 33.00 - Designation And Appointment Of Qualified Mental Health Professionals › Section 33.05 - Termination of Candidacy; Denial or Revocation of a Certification, Designation, or Appointment

Current through Register 1525, July 5, 2024
(1) The Assistant
			 Commissioner may deny the application or terminate the candidacy of any person
			 who is a candidate for designation as Designated Forensic Psychiatrist or
			 Designated Forensic Psychologist designated pursuant to
			 104
			 CMR 33.03(3) or (8),
			 designation as a Qualified Social Worker, or certification as a CJCC I or CJCC
			 II pursuant to
			 104
			 CMR 33.03(14) for good
			 cause, which may include, but is not limited to, failure to successfully
			 complete the applicable approved training for designation or certification or
			 to meet the other requirements for designation or certification within such
			 time for completion as the Assistant Commissioner may have authorized, or
			 disciplinary action against the person by the applicable licensing authority.
			 The termination of candidacy shall not be subject to appeal.
(2) The Assistant Commissioner may revoke the
			 designation or certification, or deny a request to renew the designation or
			 certification of any person who has been designated as a Designated Forensic
			 Psychiatrist or a Designated Forensic Psychologist, a Qualified Social Worker,
			 or certified as a CJCC I or CJCC II for good cause, which may include, but is
			 not limited to, performance of work that is no longer at a level of quality
			 acceptable to the Assistant Commissioner, or disciplinary action against the
			 person by the applicable licensing authority.
(3) Written notice of the Assistant
			 Commissioner's intent to terminate a person's candidacy for designation or
			 certification, revoke a person's designation or certification, or deny a
			 request to renew a person's designation or certification, stating in general
			 terms the basis for the decision, shall be sent by certified mail to the last
			 known address of the person at least ten calendar days prior to the effective
			 date of the revocation or termination, as applicable.
(4) Any DFP or CJCC who is denied renewal, or
			 who receives notice of revocation of DFP or CJCC designation or certification,
			 may request a hearing before a hearing officer appointed by the Commissioner no
			 later than 20 calendar days after receipt of notice of such denial or
			 revocation. Said hearing shall be conducted in a manner consistent with M.G.L.
			 c. 30A, and shall be governed by the informal fair hearing rules of the
			 standard adjudicatory rules of practice and procedure at
			 801
			 CMR 1.02:
Informal/Fair Hearing
			 Rules
.
(a) If such a hearing is
			 requested, the Assistant Commissioner may suspend a denial or revocation
			 pending the outcome of the hearing.
(b) If a denial of renewal or revocation of
			 designation or certification is not suspended pending the outcome of the
			 hearing, or if the appeal concerns a denial of a requested designation or
			 certification, the hearing shall commence within 30 calendar days of the
			 effective date of the revocation, termination, or denial, or as soon thereafter
			 as practicable.
(c) The burden of
			 proof at any hearing held pursuant to 104 CMR 33.05 shall be on the appellant
			 to establish that the decision of the Assistant Commissioner did not have a
			 reasonable basis.
(d) The findings
			 of fact in the recommended decision shall be binding on the Commissioner. The
			 Commissioner may modify the conclusions of law and decision where the
			 conclusions or decision are: in excess of the agency's statutory authority or
			 jurisdiction; based on an error of law; arbitrary, capricious, or an abuse of
			 discretion; or otherwise not in accordance with law.
(e) Within 15 days after receipt of the
			 hearing officer's recommended decision, or as soon thereafter as practicable,
			 the Commissioner shall issue a decision which shall be the final decision of
			 the Department.