reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 1.00 - Administrative Review And Fair Hearing › Section 1.04 - Issues Which May Be Appealed

Current through Register 1525, July 5, 2024
An individual may request an administrative review in the
				following situations:
(1) The denial
			 of anapplication or the denial of the right to apply or reapply for services
			 provided by the Commission;
(2)
			 Determination of eligibility for equipment and services for the Assistive
			 Technology fund;
(3) Any Commission
			 decision or action concerning suspension, reduction, or termination of services
			 or inaction related to such services;
(4) Unresolved disputes pertaining to the
			 scope of services provided to the individual; and
(5) Coercive or otherwise improper conduct on
			 the part of any Commission employee involved in a client's case.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 1.00 - Administrative Review And Fair Hearing › Section 1.05 - Opportunity for Appeal and Time Requirements

Current through Register 1525, July 5, 2024
(1) The Commission shall afford the
			 opportunity for an administrative review to any individual who makes a timely
			 appeal request concerning matters within the scope of
			 112 CMR 1.00. However, an
			 individual who seeks continuation of services that are currently being provided
			 shall be scheduled for a fair hearing and may obtain an administrative review
			 only within the discretion of the Commission.
(2) Upon filing an appeal for a fair hearing,
			 an individual may request the appeals coordinat or to initiate an
			 administrative review without prejudice to his or her right to a
denovo
fair hearing, provided however, that the individual's
			 choice of an administrative review shall be deemed to waive fair hearing time
			 requirements, except those which follow the close of the fair
			 hearing.
(3) The time sequences,
			 which apply to the Commission's appeal process, require that:
(a) An individual who seeks an administrative
			 review or fair hearing must file a written request within 30 days after
			 receiving notice of the action or decision which the individual seeks to
			 challenge ;
(b) In order to
			 continue services being provided by Case Management, an individual must file a
			 request for a fair hearing within ten days of receipt of notice of service
			 termination, suspension or reduction;
(c) Within 20 days of the date when the
			 administrative review decision is mailed, the individual may request that a
			 denovofair hearing be scheduled to consider the issues addressed by the
			 administrative review decision;
(d)
			 The appeals coordinator shall, within 15 days of the filing of a fair hearing
			 request, schedule a date and site convenient for the parties. The date
			 scheduled shall be within 45 days of the filing, except that when an individual
			 seeks an optional administrative review, the fair hearing shall be held
			 following the completion of the administrative review.
(e) The commission reserves the right to
			 immediately terminate the services if the client threatens the safety of the
			 commission personnel
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 1.00 - Administrative Review And Fair Hearing › Section 1.06 - Notice of Appeal Rights

Current through Register 1525, July 5, 2024
(1) Every
			 individual shall be informed in writing at the time of application and at the
			 time of notification of any Commission action affecting his or her services:
(a) of the right to appeal service decisions
			 and issues;
(b) of the method
			 whereby an administrative review and fair hearing may be obtained and the names
			 and addresses of individuals with whom such appeals may be filed;
(c) of the functions of the Client Assistance
			 Program of the Massachusetts Office on Disability and its address and telephone
			 number.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 1.00 - Administrative Review And Fair Hearing › Section 1.07 - Form of Initiating an Appeal

Current through Register 1525, July 5, 2024
(1) The appeals process encompasses both the
			 fair hearing and the administrative review. An appeal is initiated by a request
			 for fair hearing, at which time a request for an optional administrative review
			 may also be made.
(2) An appeal
			 shall be initiated by a written request, either on the form provided by the
			 local office or program unit from which the individual seeks services or
			 otherwise. It shall be addressed to the attention of the Client Appeals
			 Coordinator at the Massachusetts Commission for the Deaf and Hard of Hearing,
			 Administrative Office at 210 South Street, 5th Floor, Boston, Massachusetts
			 02111, or any subsequent address for the Commission's Administrative Office,
			 with a copy to the local office or program unit.
(3) An individual's request for a fair
			 hearing or administrative review shall state that the individual is aggrieved
			 by a Commission decision, action or inaction and summarize the nature of the
			 grievance, be signed by the individual or representative and contain the
			 individual's address and a phone number if possible, where the individual may
			 be contacted.
(4) The appeal
			 request shall also indicate that the individual wishes an administrative review
			 before the fair hearing is scheduled.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 1.00 - Administrative Review And Fair Hearing › Section 1.08 - Administrative Review Process

Current through Register 1525, July 5, 2024
(1)
			 The assigned administrative review officer shall contact the individual who has
			 requested an administrative review and the appropriate Commission
			 representatives to arrange a time to meet and discuss the individual's
			 grievance concerning issues which may be appealed.
(2) The individual or his or her authorized
			 representative may review either prior to or at the administrative review, such
			 portions of the individual's record as are pertinent to the issues presented,
			 subject to 112 CMR 1.08(3).
(3)
			 Before the day on which an administrative review meeting is scheduled, an
			 administrative review officer may change the date, time or place of the review
			 or meetings with the parties upon notice to the parties involved.
(4) In the event either party fails to appear
			 at the administrative review without notice, the administrative review officer
			 may reschedule the meeting or issue a decision in order to resolve the matter
			 on a timely basis.
(5) The
			 individual or the individual's representative and the Commission staff
			 responsible for the decision shall participate in the administrative review.
			 Others may participate, but the form, duration and extent of their
			 participation is within the discretion of the review officer in the interests
			 of achieving timely resolution of the issues in dispute.
(6) The administrative review officer may
			 facilitate a mutually agreeable resolution, or reach a decision considering the
			 information presented, the defined issues, good case management practice and
			 the Commission regulations and policies.
(7) The administrative review officer has the
			 authority and the discretion to terminate an administrative review because of
			 lack of cooperation or failure to present relevant information by either
			 party.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 1.00 - Administrative Review And Fair Hearing › Section 1.09 - Administrative Review Decisions

Current through Register 1525, July 5, 2024
The administrative review decision shall be a brief written
				statement by the administrative review officer containing the following
				elements :
(1) A statement of the
			 issue or issues involved; reference to relevant regulations, Commission
			 policies or procedures, and good professional case management practices; a
			 concise statement of the conclusions that are relevant to the issues and
			 remedies sought in the administrative review.
(2) The administrative review officer shall
			 issue a written decision within 20 days of the close of the review. If the
			 administrative review officer has requested additional information, the
			 decision shall be issued within ten days of the date of receipt of such
			 information, and all parties shall be notified of the revised date for issuing
			 the decision.
(3) The
			 administrative review officer shall mail a copy of the decision to the
			 individual, any individual advocate authorized by the individual, and
			 appropriate Commission staff including the Commission's legal office and the
			 appeals coordinator.
(4) Any
			 decision which is adverse to an individual shall include a statement informing
			 the individual of his or her right to request that a fair hearing be scheduled
			 and the time limit for exercising that right.
(a) The decision shall state that the fair
			 hearing is conducted under the In formal/Fair Hearing Rules of the Uniform
			 Adjudicatory Rules of Practice and Procedure (
			 801 CMR
			 1.02 ) as supplemented by the Commission's
			 appeals regulations (
			 112 CMR 1.00 ).
(b) It shall also provide the name, mailing
			 address and telephone number of the Commission Appeals Coordinator, who shall
			 be available to answer questions concerning fair hearings.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 1.00 - Administrative Review And Fair Hearing › Section 1.10 - Scope and Purpose of 112 CMR 1.10 through 1.21: Fair Hearing

Current through Register 1525, July 5, 2024
(1) The informal
			 fair hearing section of the Standard Adjudicatory Rules of Practice and
			 Procedure promulgated by the Executive Office of Administration and Finance,
			 801 CMR
			 1.02, and
			 801
			 CMR 1.03, and the sections which follow
			 herein which are substitutions and additions to the Standard Adjudicatory
			 Rules, shall govern the conduct of fair hearings of the Massachusetts
			 Commission for the Deaf and Hard of Hearing. Notice by the Commission need not
			 state the foregoing.
			 801
			 CMR 1.03 is applicable to all hearings held
			 pursuant to
			 112 CMR 1.00.
(2)112 CMR 1.10 through
			 1.21 are promulgated
			 pursuant to M.G.L. c. 30A, § 9, with the approval of the Commissioner of
			 Administration and Finance.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 1.00 - Administrative Review And Fair Hearing › Section 1.12 - Representation

Current through Register 1525, July 5, 2024
112 CMR 1.12 supplements 801 CMR 1 02(3). A party who requests
				an Adjudicatory proceeding shall be notified by the Commission that he or she
				has the right to be accompanied and represented by an authorized
				representative, including a legal counsel, lay advocate, relative or other
				spokesperson. If fees are charged by legal counsel, the party is responsible
				for payment. Any individual who requests an Adjudicatory appeal shall be
				notified about the function of the Client Assistance Program of the
				Massachusetts Office on Disability and its address and telephone
				number.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 1.00 - Administrative Review And Fair Hearing › Section 1.13 - Grounds for Fair Hearings

Current through Register 1525, July 5, 2024
112 CMR 1.13 is a substitution for
				801 CMR 1.02(6)(a) and
				(6)(b). An individual may request a fair
				hearing in the following situations :
(1) The denial of an application or the
			 denial of the right to apply or reapply for services provided by the
			 Commission;
(2) Any Commission
			 decision or action concerning suspension, reduction or termination of services
			 or inaction related to such services;
(3) Unresolved disputes pertaining to the
			 scope of services provided to the individual;
(4) Coercive or otherwise improper conduct on
			 the part of any Commission employee involved in a client's case, including
			 unwarranted or illegal conditions of eligibility for receipt of
			 services.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 1.00 - Administrative Review And Fair Hearing › Section 1.14 - Initiation of Fair Hearing

Current through Register 1525, July 5, 2024
112 CMR 1.14 supplements
				801 CMR
				1.02(6)(c).
(1) Any individual request for a fair hearing
			 shall be initiated by a written request, in the form prescribed by
			 112 CMR
			 1.07
(2) Except as provided in
			 112 CMR
			 1.16(3), an individual must
			 file a request for a fair hearing within 30 days of receiving notice of the
			 decision or action which he individual seeks to challenge.
(3) An individual who requests a fair hearing
			 may also simultaneously request an informal administrative review, which is
			 conducted under the rules in
			 112 CMR 1.02 through
			 1.09.
			 Within the discretion of the Commission, an individual who seeks continuation
			 of current services through the fair hearing decision may obtain an
			 administrative review, provided that such a review will not unduly delay the
			 completion of a fair hearing.
(4) A
			 fair hearing shall be scheduled within 45 days of the Commission's receipt of a
			 scheduling request.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 1.00 - Administrative Review And Fair Hearing › Section 1.15 - Request for Scheduling a Fair Hearing Following an Administrative Review

Current through Register 1525, July 5, 2024
112 CMR 1.15 supplements
				801 CMR
				1.02(6)(b).
(1) An individual who is dissatisfied with an
			 administrative review decision and wishes to appeal the issues further shall,
			 within 20 days of receipt of the administrative review decision, request the
			 individual appeals coordinator to schedule a fair hearing. Failure to request
			 that a fair hearing be scheduled within that time shall be deemed a waiver of
			 the individual's right to a fair hearing.
(2) Within 15 days of receipt of an
			 individual's request for a fair hearing, the client appeals coordinator shall
			 schedule a fair hearing for a date no later than 45 days after the scheduling
			 request was received by the Commission.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 1.00 - Administrative Review And Fair Hearing › Section 1.16 - Continuation of Services Pending an Appeal

Current through Register 1525, July 5, 2024
(1) The Commission shall notify an individual
			 in writing at least 15 days before taking any action to suspend, reduce or
			 terminate services.
(2) The notice
			 shall be dated and shall include a brief statement informing the individual of
			 the reasons for the action to be taken. The notice shall also inform the
			 individual of the procedures for challenging the proposed action.
(3) In order to assure continuation of
			 services, the individual must file an appeal request within ten days of
			 receiving the notice that services will be suspended, reduced, or
			 terminated.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 1.00 - Administrative Review And Fair Hearing › Section 1.17 - Discovery

Current through Register 1525, July 5, 2024
(1)112 CMR 1.17
			 supplements
			 801 CMR 1.02(8)
			  and governs access to individual records for
			 the purpose of a fair hearing, notwithstanding any other regulations
			 promulgated by the Commission.
(2)
			 The presiding officer shall rule on all disputed requests for
			 discovery.
(3) If the presiding
			 officer allows access to a case file by an individual or the individual's
			 authorized representative, but finds that to release such records to a
			 individual may be harmful to the physical or mental health of the individual,
			 the presiding officer may, after informing the individual of such findings:
(a) grant access to a summary of information
			 from such record to the individual, if acceptable to the individual;
			 or
(b) grant access to the record
			 or portion thereof, with appropriate recommendations to the individual's
			 parent, guardian or other authorized representative; or
(c) grant access to the individual under the
			 condition that the record is reviewed in the presence of a physician or
			 licensed psychologist designated and paid by the individual, provided, however,
			 that if the individual is unable to pay for such services, the Commission shall
			 provide the services of one of its providers or consultants who shall review
			 the record with the individual.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 1.00 - Administrative Review And Fair Hearing › Section 1.18 - Presiding Officer's Duties and Powers at Hearings

Current through Register 1525, July 5, 2024
(1) The presiding officer has the authority
			 and discretion to conduct the hearing in accordance with the informal
			 Adjudicatory rules as found at
			 801 CMR
			 1.02.
(2) The presiding officer shall be
			 responsible to make appropriate evidentiary rulings regarding relevance of
			 testimony and/or documents; issues of privilege and authentication of documents
			 as well as limit testimony to relevant and defined issues.
(3) The informal Adjudicatory rules of
			 procedure shall govern the evidentiary standards of the Fair Hearing.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 1.00 - Administrative Review And Fair Hearing › Section 1.19 - Rights and Duties of Parties

Current through Register 1525, July 5, 2024
(1)
								801 CMR
			 1.02(10)(h)1. sets forth the
			 individual's rights. 112 CMR 1.19 substitutes for
			 801 CMR
			 1.02(10)(h)2.
(2) Commission personnel shall present the
			 case for the Commission. A Commission attorney may represent such personnel, so
			 long as the Commission attorney or other Commission personnel:
(a) is responsible for an adequate
			 investigation before reaching a decision as to eligibility or provision of
			 services;
(b) must appear at the
			 proceeding to justify the action or inaction of the Commission;
(c) is responsible for submitting at the
			 proceeding complete information on which any decision at issue is
			 based;
(d) must ensure that the
			 case record is present at the proceeding;
(e) should introduce from the case record
			 only the material which pertains to the issue or issues;
(f) may examine and introduce any other
			 pertinent Commission documents;
(g)
			 may present and establish all relevant facts and circumstances by oral
			 testimony and documentary evidence;
(h) may advance any pertinent arguments
			 without any undue interference; and
(i) may question or refute any evidence or
			 testimony and have an opportunity to confront and cross-examine adverse
			 witnesses.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 1.00 - Administrative Review And Fair Hearing › Section 1.20 - Scheduling

Current through Register 1525, July 5, 2024
112 CMR 1.20 supplements
				801 CMR
				1.02(10)(j).
(1) The individual appeals coordinator shall,
			 within 15 days of the filing of a fair hearing request, schedule a date and
			 site convenient for the parties. The date scheduled shall be within 45 days of
			 the fling, except that when an individual seeks an optional administrative
			 review, the fair hearing shall be held after completion of the administrative
			 review within 45 days of the individual's request for scheduling the fair
			 hearing.
(2) For each appeal
			 concerning the case management services or programs, the appeals coordinator
			 shall assign an impartial hearing officer to conduct the fair hearing, provided
			 that the assigned individual has been selected onarandom basis from the pool of
			 qualified persons who have been jointly identified by the Commission. In
			 appeals involving state-funded programs, the appeals coordinator may assign a
			 fair hearing officer.
(3) The
			 appeals coordinator shall provide written notice to all parties and the
			 Commission's legal office of the date, time and place of the fair hearing and
			 shall provide the name of the hearing officer who has been assigned to conduct
			 the hearing. Information about the fair hearing procedure and the individual's
			 right to be represented by legal counsel or lay advocate shall be included with
			 the notice and, in appeals involving case management or programs, the
			 individual's right to assistance from the Client Assistance Program shall also
			 be stated. Notice shall be mailed to all parties at least seven days before a
			 scheduled hearing, except that time requirements may be waived by agreement of
			 all parties. Any request for postponement must be made in writing for good
			 cause and sent to the Appeals Coordinator no later than 48 hours prior the
			 hearing.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 3.00 - Interpreter Services For The Deaf And Hard Of Hearing: Procedures And Structures For The Provision Of Interpreters For The Deaf And Hard Of Hearing By State Agencies › Section 3.01 - Statement of Purpose

Current through Register 1525, July 5, 2024
The purpose of
				112 CMR 3.00 is to establish
				centralized structures and procedures to facilitate the provision and purchase
				of interpreter services for the Deaf and Hard of Hearing by State
				Agencies.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 3.00 - Interpreter Services For The Deaf And Hard Of Hearing: Procedures And Structures For The Provision Of Interpreters For The Deaf And Hard Of Hearing By State Agencies › Section 3.02 - Application and Scope

Current through Register 1525, July 5, 2024
(1)
Application
.
			 112 CMR 3.00 shall apply to
			 any state agency as defined in
			 112 CMR
			 3.03.
(2)
Scope
.
			 112 CMR 3.00 includes:
(a) designation of the Massachusetts
			 Commission for the Deaf and Hard of Hearing (MCDHH) Interpreter/CART Referral
			 Service as the central point for State Agencies to obtain interpreter
			 services;
(b) procedures to
			 establish and maintain a MCDHH administered contract for use by all State
			 Agencies to purchase interpreter services; and
(c) procedures to establish and periodically
			 review rates and related fees for purchase of interpreter services.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 3.00 - Interpreter Services For The Deaf And Hard Of Hearing: Procedures And Structures For The Provision Of Interpreters For The Deaf And Hard Of Hearing By State Agencies › Section 3.03 - Definitions

Current through Register 1525, July 5, 2024
Commissioner
. The Commissioner of the
				MCDHH.
Contractor
. A sign language
				interpreter or other provider of communication access whose services are
				contracted through MCDHH and who provides services directly to or on behalf of
				a State Agency. Sign language interpreter contractors may not utilize employees
				or subcontractors.
Interpreter for the Deaf and Hard of
				Hearing
also referred to as an interpreter. An individual who has
				appropriate knowledge, training, and credentials, is approved by MCDHH, and is
				skilled in:
(a) sign language/English interpretation or transliteration;
				or
(b) oral interpretation or transliteration.
MCDHH Approved Legal interpreter
. A
				freelance or staff interpreter who has National RID Certification with Legal
				Specialist Certification.
MCDHH Contract for Interpreters for the Deaf and
				Hard of Hearing
. A standard form contract entered into between
				MCDHH, acting as an agent of the Commonwealth of Massachusetts, and
				interpreters and transliterators, who agree to provide a specified service(s)
				at a specified rate(s) to any State Agency or other contract participant within
				the duration of the contract to promote communication access during business
				transactions and service delivery on behalf of individuals who are deaf,
				deafblind, late-deafened, or hard of hearing.
Rate
. The dollar amount to be paid to
				the contracted interpreter for unit of service provided.
Services
. Sign language/English or
				oral interpretation or transliteration provided by interpreters or other types
				of communication access services as defined in the governing contract.
State Agency
. Any executive office,
				department, agency, office, board, commission, or institution of the Executive
				Department. The Legislature, the Constitutional Offices, the Public
				Institutions of Higher Education, and Independent Public Authorities are
				encouraged but not required to comply with
				112 CMR 3.00. Provision of
				Interpreters for the Deaf and Hard of Hearing by the Judiciary is dealt with
				separately.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 3.00 - Interpreter Services For The Deaf And Hard Of Hearing: Procedures And Structures For The Provision Of Interpreters For The Deaf And Hard Of Hearing By State Agencies › Section 3.04 - Central Point for Interpreter Referrals

Current through Register 1525, July 5, 2024
In accordance with M.G.L. c. 6, §§ 194 and 196, the
				MCDHH operates the MCDHH Interpreter /CART Referral Service which processes
				requests from State Agencies as well as other public and private entities and
				individuals. The MCDHH Interpreter /CART Referral Service maintains a roster of
				approved interpreters and providers of other types of communication
				access.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 3.00 - Interpreter Services For The Deaf And Hard Of Hearing: Procedures And Structures For The Provision Of Interpreters For The Deaf And Hard Of Hearing By State Agencies › Section 3.05 - MCDHH Contract for Interpreter Services

Current through Register 1525, July 5, 2024
(1)
General
. MCDHH
			 shall establish and administer contracts with approved interpreters and other
			 providers of communication access services for use by all State Agencies in
			 accordance with all applicable Commonwealth of Massachusetts requirements
			 governing purchases of services. The contracts shall include any additional
			 terms and conditions considered necessary by MCDHH to achieve its legislative
			 mandate.
(2)
Qualifications of Contracting Interpreters
. MCDHH
			 shall establish standards of knowledge, training and credentials required for
			 MCDHH approval and participation in the contract.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 3.00 - Interpreter Services For The Deaf And Hard Of Hearing: Procedures And Structures For The Provision Of Interpreters For The Deaf And Hard Of Hearing By State Agencies › Section 3.06 - Rates

Current through Register 1525, July 5, 2024
Purchase of Interpreter Services
. The
				MCDHH shall establish rates for the purchase of interpreter services and shall
				review those rates periodically. All rates will be adjusted as appropriate and
				needed after consideration of comments and relevant information solicited from
				representatives of organizations, associations, and service providers of or
				working with deaf, hard of hearing, deafblind, and late-deafened persons in the
				Commonwealth, including but not limited to the Massachusetts Registry of
				Interpreters for the Deaf, the Massachusetts State Association of the Deaf, and
				the Massachusetts chapters of the Association of Late Deafened Adults, the
				Alexander Graham Bell Association for the Deaf, and the Hearing Loss
				Association of America or their successors.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 6.00 - Criminal Offender Record Checks › Section 6.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				112 CMR 6.00
et
				seq
. is to establish standardized policy and procedures for the
				Commission for the Deaf and Hard of Hearing (MCDHH) and MCDHH funded programs
				regarding the review of criminal records of candidates for employment or
				regular volunteer or training positions. The Criminal History Systems Board
				(CHSB) has authorized Executive Office of Health and Human Services (EOHHS)
				agencies and their vendor agencies to receive criminal record information
				regarding present or prospective employees in any program funded or operated by
				such agencies.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 6.00 - Criminal Offender Record Checks › Section 6.02 - Policy

Current through Register 1525, July 5, 2024
In order to ensure that employees or other persons regularly
				providing client or support services in any program or facility of the MCDHH,
				or in vendor agency programs funded by MCDHH are appropriate for serving in
				their positions, with potential for unsupervise d contact, a Criminal Offender
				Record Information (CORI) check shall be performed on candidates for positions
				in such programs or facilities, as provided in
				112 CMR 6.00. It is the policy
				of EOHHS and the Commission for the Deaf and Hard of Hearing (MCDHH) that
				convictions of certain crimes pose an unacceptable risk to the vulnerable
				populations served by the MCDHH and its vendor agencies.
				112 CMR 6.00 sets forth
				minimum standards
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 6.00 - Criminal Offender Record Checks › Section 6.03 - Scope

Current through Register 1525, July 5, 2024
112 CMR 6.00 applies to
				candidates for positions which entail potential unsupervised contact in MCDHH
				funded or operated programs that provide people with MCDHH services, including
				volunteers and trainees. At the discretion of the hiring authority, the scope
				of
				112 CMR 6.00 may be expanded
				to include volunteers, interns, students or other persons regularly offering
				support to any program or facility in either a paid or unpaid capacity whose
				services do not entail the potential for unsupervised client contact, upon
				appropriate certification by the CHSB.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 6.00 - Criminal Offender Record Checks › Section 6.04 - Authority

Current through Register 1525, July 5, 2024
112 CMR 6.00 is promulgated
				pursuant to M.G.L. c. 6, § 192.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 6.00 - Criminal Offender Record Checks › Section 6.06 - Candidate Disclosure of Criminal Record Information

Current through Register 1525, July 5, 2024
All candidates for a position with MCDHH or a vendor agency
				program shall complete an application form that contains a section requiring
				the candidate to disclose whether or not he/she has a criminal record and what
				crimes, if any, he or she has been convicted of, consistent with MGL c. 151B,
				§4, para. 9. The application shall not require a candidate to
				disclose:
(1) an arrest, detention, or
			 disposition regarding any violation of law in which no conviction resulted,
			 or
(2) a first conviction for any
			 of the following misdemeanors: drunkeness, simple assault, speeding, minor
			 traffic violations, affray, or disturbance of the peace, or
(3) any conviction of a misdemeanor where the
			 date of such conviction or the completion of any period of incarceration
			 resulting therefrom, 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.
No application for employment shall be considered complete
				unless the candidate completes this section.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 6.00 - Criminal Offender Record Checks › Section 6.07 - Community Service and Work Release Workers

Current through Register 1525, July 5, 2024
Any MCDHH or vendor agency program that participates in either
				a criminal justice related community service program or a work re lease program
				shall require all individuals who participate to disclose his/her criminal
				record in conformance with
				112 CMR
				6.06. In addition, as a condition of
				participation, the candidate's criminal justice official must concludes in
				writing that the individual will not pose an unacceptable risk to MCDHH program
				clients or will be supervised at all times.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 6.00 - Criminal Offender Record Checks › Section 6.08 - Hiring Authority Responsibilities

Current through Register 1525, July 5, 2024
(1)
			 The hiring authority shall ensure that each candidate provides consent to a
			 CORI investigation as part of his/her application, and to the periodic conduct
			 of further CORI investigations during the course of employment with MCDHH or
			 the vendor agency program. The hiring authority shall also inform the candidate
			 that his or her CORI may be utilized by the criminal justice official or
			 qualified mental health professional conducting themselves in conformance with
			 112 CMR
			 6.07,
			 6.11(1), (2), and
			 (3) and MCDHH personnel responsible for
			 carrying out the provisions of
			 112 CMR 6.15 and
			 6.16. Such consent and
			 notification shall be included in the hiring authority's employment application
			 form.
(2) The hiring authority
			 shall require, as a condition of an offer of employment, the completion of the
			 CORI investigation. The hiring authority shall confirm an offer of employment
			 only after the hiring authority receives written confirmation that the criminal
			 record investigation has resulted in a finding of "no record" or until the
			 hiring authority has complied with the requirements of
			 112 CMR 6.09,
			 6.11 and
			 6.12.
(3) The hiring authority shall not permit any
			 candidate to commence employment or volunteer service until after the candidate
			 is cleared as a result of the CORI investigation in accordance with
			 112 CMR 6.00.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 6.00 - Criminal Offender Record Checks › Section 6.09 - CORI Investigations

Current through Register 1525, July 5, 2024
(1)
			 All candidates shall complete a CORI Supplement form.
(2) After the hiring authority makes a
			 preliminary decision to hire or accept the services of an individual, the
			 completed CORI Supplement (authorization) form or electronic equivalent shall
			 be sent to the CHSB EOHHS CORI Unit.
(3) All CORI investigations that result in a
			 finding of "no record" shall be transmitted back to the hiring authority and
			 shall be sufficient evidence of suitability for hire for 45 business days. A
			 "no record" finding may be valid for consideration for other positions during
			 such 45 day period.
(4) All CORI
			 investigations that show findings of criminal records shall be sent immediately
			 to the hiring authority for review and action consistent with
			 112 CMR 6.00.
(5) All hiring authorities shall develop
			 procedures that will ensure that the Massachusetts Commission for the Deaf and
			 Hard of Hearing can audit compliance with
			 112 CMR 6.00 pursuant to
			 112 CMR
			 6.15.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 6.00 - Criminal Offender Record Checks › Section 6.10 - Findings from CORI Investigations

Current through Register 1525, July 5, 2024
(1) If
			 the CORI investigation reveals a finding of "no record," such finding shall be
			 documented in the candidate's file.
(2) If the CORI investigation reveals a
			 "lifetime presumptive disqualification" on the candidate's record, the
			 candidate shall be informed by the hiring authority that he or she is
			 ineligible for any position which has the potential for unsupervised contact
			 with persons receiving services in an MCDHH funded or operated program, unless
			 provisions of
			 112 CMR 6.11
			 and
			 6.12
			 are complied with.
(3) If the CORI
			 investigation reveals a "ten year presumptive disqualification" on the
			 candidate's record, the candidate shall be informed by the hiring authority
			 that he or she is ineligible for any position which has the potential for
			 unsupervised contact with persons applying for or receiving services in an
			 MCDHH funded or operated program, unless the provisions of
			 112 CMR 6.11
			 and
			 6.12
			 are complied with.
(4) If the CORI
			 investigation reveals a "five year presumptive disqualification" on the
			 candidate's record, the candidate shall be informed by the hiring authority
			 that he or she is ineligible for any position which has the potential for
			 unsupervised contact with persons applying for or receiving services in an
			 MCDHH funded or operated program, unless the provisions of
			 112 CMR 6.11
			 and
			 6.12
			 are complied with.
(5) If the CORI
			 investigation reveals a "discretionary disqualification" on the candidate's
			 record, the candidate shall be informed by the hiring authority that he or she
			 is ineligible for any position which has the potential for unsupervised contact
			 in an MCDHH funded or operated program, unless the provisions of
			 112 CMR 6.11
			 and
			 6.12
			 are complied with.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 6.00 - Criminal Offender Record Checks › Section 6.11 - Disqualifications

Current through Register 1525, July 5, 2024
(1)
Lifetime Presumptive Disqualification
. A candidate
			 shall be ineligible for a position in a MCDHH funded or operated program which
			 entails potential unsupervised contact with persons receiving services if he or
			 she has been convicted of any of the crimes listed in
			 112 CMR 6.18:
Table A
, has any pending charges involving crimes listed in
			 112 CMR 6.18:
Table A, or
has any outstanding warrants unless:
(a)
1. the
			 candidate's criminal justice official concludes in writing that the candidate,
			 within the position sought in a MCDHH or the vendor agency program, does not
			 pose an unacceptable risk of harm to the persons served by the program,
			 or
2. if the candidate's criminal
			 justice official has been determined by the hiring authority to be unavailable
			 or has indicated to the hiring authority that she has insufficient information
			 to render an assessment, then the hiring authority may seek an assessment (the
			 cost of which shall be borne by the hiring authority) of the candidate's risk
			 of harm from a qualified mental health professional and the qualified mental
			 health professional concludes in writing that the candidate, within the
			 position sought in an MCDHH funded or operated program, does not pose an
			 unacceptable risk of harm to the persons served by the program; and
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 6.00 - Criminal Offender Record Checks › Section 6.12 - Provisions for Review of a Candidate in any Discretionary Disqualification Category

Current through Register 1525, July 5, 2024
(1) Every candidate
			 for whom the CORI investigation reveals a "lifetime presumptive
			 disqualification", a "ten year presumptive disqualification," a "five year
			 presumptive disqualification," or a "discretionary disqualification", and who
			 has otherwise met the requirements for further consideration, if any, of
			 112 CMR 6.11,
			 shall receive additional review by the hiring authority to determine if the
			 candidate poses an unacceptable risk of harm to the persons served by the
			 program within the position sought. In reviewing the candidate's
			 appropriateness for employment, given the concern for the client's safety, due
			 weight shall be given to the following factors:
(a) Age of the conviction;
(b) Age of the candidate at the time of the
			 offense;
(c) Seriousness and
			 specific circumstances of the offense;
(d) Relationship of the criminal act to the
			 nature of the work to be performed;
(e) The number of offenses;
(f) Any relevant evidence of rehabilitation
			 or lack thereof;
(g) Any other
			 relevant information, including information submitted by the candidate; the
			 hiring authority shall inform the candidate of the opportunity to submit other
			 relevant information.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 6.00 - Criminal Offender Record Checks › Section 6.13 - Exemption from Certain Requirements

Current through Register 1525, July 5, 2024
MCDHH may grant a funded or operated program an exemption from
				the requirements of
				112 CMR 6.11(2)(a) and (3)(a)
				 upon a determination by MCDHH that an
				exemption is warranted following consideration of the following
				criteria:
(1) the service needs and
			 level of vulnerability of the clients served by the program;
(2) the potential benefits and risks to those
			 clients as a result of the exemption;
(3) the hiring authority's capacity to
			 perform the review required by
			 112
			 CMR 6.12.
Whenever MCDHH grants an exemption, it shall document, in
				writing, the basis for determining that the exemption is warranted, including
				providing its assessment of the level of vulner ability of the clients served
				by the program. No program shall be eligible for an exemption pursuant to 112
				CMR 6.13 if it serves clients 16 years of age or younger or if it serves a
				population that is primarily 65 years of age or older:
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 6.00 - Criminal Offender Record Checks › Section 6.14 - Dissemination

Current through Register 1525, July 5, 2024
CORI records may be disseminated only to individuals certified
				by the CHSB to receive such information, such as designated representatives of
				the hiring authority or the CORI Coordinator. The hiring authority shall
				maintain a listing of persons so certified. Willful dissemination of Criminal
				Offender Record Information to unauthorized individuals is punishable by a jail
				sentence of up to one year and/or a fine of $5,000 in addition to civil
				penalties, pursuant to M.G.L. c. 6 178.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 6.00 - Criminal Offender Record Checks › Section 6.15 - Agency Audits

Current through Register 1525, July 5, 2024
MCDHH shall periodically review statistical information on all
				CORI requests and investigations maintained by each hiring authority in
				accordance with MCDHH policy and procedures. In addition, MCDHH may establish
				further requirements for checking CORI findings and the interpretation of such
				findings by the hiring authority.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 6.00 - Criminal Offender Record Checks › Section 6.16 - Incidents

Current through Register 1525, July 5, 2024
Any hiring authority receiving an allegation that an employee
				with a positive CORI history has harmed a client in a MCDHH or vendor agency
				program shall immediately report the allegation to the person designated by
				MCDHH for such purposes. Upon request, the hiring authority shall provide the
				Commission with documentation of the basis for the hiring
				decision.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 6.00 - Criminal Offender Record Checks › Section 6.17 - Severability

Current through Register 1525, July 5, 2024
If any provisions of
				112 CMR 6.01 through
				6.18, or the
				applications of such provisions to any person or circumstance are held invalid,
				the other provisions of said
				112 CMR 6.01 through
				6.18, or the
				application of such provisions to any person or circumstance other than that as
				to which it is held invalid, shall not be affected thereby.
Code of Massachusetts Regulations › 113 CMR - HEALTH FACILITIES APPEALS BOARD › Title 113 CMR 1.00 - Rules Of Procedure › Section 1.01 - Appellate Review by the Board

Current through Register 1525, July 5, 2024
(1)
Rule 1 -- Right of Appea
l.
(a) Any applicant for a certification of need, or comparable applicant, aggrieved by a determination of need made by the Department of Public Health under M.G.L. c. 11, § 25C, shall have the right to appeal such determination to the Board; provided that a proper claim of appeal is filed with the Board within 14 days after the determination of need. This time period is computed from the date of receipt of the determination of need by the appellant.
(b) The state comprehensive health planning agency, the regional comprehensive health planning agency, or agencies with geographical jurisdiction of the area to be served by the health care facility, and any ten taxpayers of the Commonwealth shall also enjoy this right of appeal.
(c) A person shall be considered "aggrieved" within the meaning of 113 CMR 1.00 if he has been substantially prejudiced by the determination or the determination will have the probable effect of wasting public monies.
(d) Appeals to the Board may be taken only from determinations of need made pursuant to M.G.L. c. 111, § 25C by the Department.