(A) Upon receipt and review of an application
for accreditation, the Department shall make a finding concerning the
responsibility and suitability of the applicant training institution. Findings
may be based upon information concerning persons with a significant financial
or management interest in the training institution. A determination of
responsibility and suitability shall be based on factors including, but not
limited to, the following:
(1) The
applicant's history, if any, of prior compliance with
105 CMR
170.000,
105 CMR
171.000: Massachusetts First Responder
Training, M.G.L. c. 111C, and
105 CMR
700.000: Implementation of M.G.L. c.
94C;
(2) The familiarity
and experience of the applicant in operating an EMS training program approved
under
105 CMR
170.000, or in operating adult vocational training or
higher educational programs;
(3)
The applicant's ability to provide and sustain quality EMS training programs to
serve the needs of students;
(4)
The ability of training institution administrators to operate the program in a
manner sufficient to satisfy the requirements of
105 CMR
170.000 and/or
105 CMR
171.000: Massachusetts First Responder
Training, as applicable;
(5) Adequate financial resources of the
applicant to provide training sufficient to meet the requirements of
105 CMR
170.000, as demonstrated by a current financial
statement or current budget;
(6)
The adequacy of the training institution's legal capacity to operate, as
demonstrated by articles of incorporation and corporate bylaws;
(7) The applicant's history, if any, of any
of the following:
(a) Any willful or
deliberate failure to provide training to a person for reasons of race, color,
religion, sex, sexual orientation, age, national origin, ancestry or
disability;
(b) Any attempt to
impede the work of a duly authorized representative of the Department or the
lawful enforcement of any provisions of M.G.L. c. 111C or
105 CMR
170.000;
(c) Conviction of a criminal offense, such as
drug-related offenses, rape, assault or other violent crime against a person,
or related to the provision of training subject to the Department's approval;
or
(d) Any attempt to obtain
accreditation or training program approval by fraud, misrepresentation, or the
submission of false information.
(B) If the Department is unable to make a
finding of responsibility and suitability on the basis of any of the factors
listed above, the applicant will have the burden of persuasion to prove the
applicant's responsibility and suitability.
