Code of Massachusetts Regulations
104 CMR - DEPARTMENT OF MENTAL HEALTH
Title 104 CMR 32.00 - Investigation And Reporting Responsibilities
Section 32.05 - Commissioner's Investigation

Universal Citation: 104 MA Code of Regs 104.32

Current through Register 1531, September 27, 2024

The Commissioner may, in his or her discretion, order the Office of Investigations to conduct an investigation into any matter that does not fall within the scope of a complaint, but which, nonetheless, has significant implications for persons who receive or provide mental health services in the Commonwealth.

(1) Upon receipt of an order for a Commissioner's investigation, the investigation shall be assigned a public log number and conducted by the Office of Investigations in accordance with the Commissioner's instructions.

(2) Upon receipt of the investigation report, the Commissioner shall issue a decision and may order such corrective action that he or she deems necessary.

(3) Any person or entity subject to a finding or order resulting from a Commissioner's Investigation may request reconsideration of such finding or order.

(a) The request for reconsideration must be in writing and filed within ten days of receipt of the decision.

(b) The request must assert, with specificity, the failure to interview an essential witness or the failure to consider an important fact or factor or misinterpretation of applicable law or policy.

(c) The Commissioner's decision, after reconsideration, if any, shall be final.

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