Code of Massachusetts Regulations
108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES
Title 108 CMR 15.00 - Criminal Offender Record Checks
Section 15.04 - Definitions

Applicant. Any person seeking employment with EOVS or their vendor programs, including current employees seeking new positions.

Candidate. Any person who is first determined qualified for the position and has received a conditional offer of employment subject to consideration of any criminal record information.

Client. Any person applying for or receiving EOVS, or their vendor programs, services.

CORI Cleared Employee. Any candidate hired as an employee after the hiring authority completed all requirements of 108 CMR 15.00.

CORI Coordinator. The person designated by the hiring authority to send requests and receive responses from the Department of Criminal Justice Information Services (DCJIS).

CORI Investigation. The process of requesting, receiving, and evaluating CORI related to candidates for employment.

Criminal Offender Record Information (CORI). Information recorded as a result of criminal proceedings or any consequent related proceedings and regulated by the Department of Criminal Justice Information Services under 803 CMR 2.00: Criminal Offender Record Information (CORI).

Department of Criminal Justice Information Services (DCJIS). The Commonwealth agency statutorily designated to, among other things, provide a public safety information system and network to support data collection, information sharing, and interoperability for the Commonwealth's criminal justice and law enforcement community and to oversee the authorized provision of Criminal Offender Record Information (CORI) to the non-criminal justice community.

Employees. Individuals holding full and part-time positions, including state employees, contract employees, individual consultants, temporary employees, volunteers, trainees, interns, or students, regardless of whether the individuals receive compensation and the source of funding for the positions. For the purposes of 108 CMR 15.04, a current client of a facility or program who provides services at that facility or program will not be considered an employee at that facility or program.

Employment. Full and part-time positions held by any person, including state employees, contract employees, individual consultants, temporary employees, volunteers, trainees, interns, or students, regardless of whether the person receives compensation and the source of funding for the positions.

EOVS. The Executive Office of Veterans' Services.

EOVS Funded or Operated Program. Any program operated by EOVS or their vendor programs that provides Veteran services for or on behalf of EOVS or its clients in accordance with a contract.

Hiring Authority. The person or persons legally authorized or designated to make hiring decisions within EOVS or an EOVS vendor program. Different persons may be authorized or designated as responsible for specific parts of the process in making a hiring decision.

No Record. The conclusion from a CORI search that shows no information relating to the candidate is available for release to EOVS or their vendor programs. A finding of "no record" does not necessarily mean, however, that criminal information is not present in the CORI database.

Otherwise Qualified. An applicant who meets all other employment criteria and consideration for a position or admission to an EOVS operated facility.

Pending. A criminal matter is considered pending if the CORI report indicates that the matter remains open and without final resolution, including that the case has been continued without a finding.

Potential Unsupervised Contact. Potential for contact with a client when no other CORI cleared employee is present. A person having only the potential for incidental unsupervised contact with clients in commonly used areas such as elevators, hallways, and waiting rooms, will not be considered to have the potential for unsupervised contact for purposes of 108 CMR 15.03. The term "commonly used areas" does not include bathrooms or other isolated areas that are separated by sight and sound from other staff.

Resident. A resident is considered a Veteran who is living in one of the state operated veterans' homes.

Vendor Program. A program, administered by an individual, corporation, partnership, organization, trust, association, or other entity, that provides services to EOVS or EOVS clients under a contract issued by EOVS.

Volunteer. Any person who works in an unpaid capacity for EOVS or vendor program. For the purposes of 108 CMR 15.04, a current client of a facility or program who provides unpaid services at that facility or program will not be considered a volunteer at that facility or program.