Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules
Section 343.235 - Coercive or Otherwise Improper Conduct
Universal Citation: 106 MA Code of Regs 106.343
Current through Register 1531, September 27, 2024
(A) Definitions.
(1) Coercive conduct means knowingly
compelling an applicant, client or former client by force, threat,
intimidation, or other abuse of position to take action which is harmful to his
or her best interest and which he or she would not otherwise have
done.
(2) Improper conduct means
reckless and unreasonable abuse of authority. Examples of improper conduct
include, but are not limited to:
(a) A worker
recklessly and unreasonably violates a Department regulation or procedure in a
manner which is directly harmful to the best interests of an applicant, client
or former client;
(b) A worker
recklessly and unreasonably requires documents, visits or other actions by the
applicant, client or former client which are not authorized by regulation or
procedures of the Department;
(c) A
worker recklessly and unreasonably violates the confidentiality of the
applicant, client or former client;
(d) worker recklessly and unreasonably fails
to treat the applicant, client or former client with dignity and respect to
which he or she is reasonably entitled; or
(e) A worker recklessly and unreasonably
discourages the applicant, client or former client from applying for assistance
or discourages the applicant, client or former client from making inquiries
regarding their rights or appealing.
(B) Remedies. When a hearing officer has found coercive or otherwise improper conduct on the part of any Department employee acting in the capacity of a worker directly involved in the applicant's, client's or former client's case at a fair hearing, the local office director shall:
(1) assign a different
worker; and
(2) initiate
appropriate personnel action in accordance with
106 CMR
343.640(B)(2) including a
copy of the written findings, if any, in the worker's personnel file;
and
(3) where appropriate, require
the worker to send a written apology to the client.
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