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

Universal Citation: 101 MA Code of Regs 101.15

Current through Register 1518, March 29, 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).

(2) CORI Authorization Forms and Consent.

(a) The hiring authority will ensure that a candidate provides consent to a CORI investigation and, where applicable, to the periodic conduct of further CORI investigations during the course of employment.

(b) All candidates must complete an appropriate CORI Acknowledgement Form and in accordance with 803 CMR 2.00: Criminal Offender Record Information (CORI), the hiring authority shall verify the candidate's identity by forms of documentation as determined by DCJIS. If the hiring authority is unable to verify a subject's identity and signature in person, the subject may submit a completed CORI Acknowledgment Form acknowledged by the candidate before a notary public.

(c) The hiring authority will also inform the candidate that his or her CORI may be utilized by qualified mental-health professionals conducting themselves in conformance with 101 CMR 15.09 and by EOHHS, EOHHS agency, or vendor program personnel responsible for carrying out the provisions of 101 CMR 15.00.

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