Code of Massachusetts Regulations
118 CMR - DISABLED PERSONS PROTECTION COMMISSION
Title 118 CMR 14.00 - Filing Objections And Administrative Review
Section 14.04 - Removal of Care Provider's Name from the Registry
Universal Citation: 118 MA Code of Regs 118.14
Current through Register 1531, September 27, 2024
(1) Five years following the entry of the care provider's name on the registry as provided in 118 CMR 14.03, or five years after the conclusion of any prior petition initiated under 118 CMR 14.04, the registered abuser shall have the right to petition for removal from the registry.
(a) Said petition shall be in the form as
prescribed by
118
CMR 14.02(4)(a)1.;
and
(b) Said petition shall set
forth the grounds on which the registered abuser asserts that, based upon the
preponderance of evidence, in considering the totality of the circumstances it
is no longer in the interest of persons with intellectual or developmental
disabilities and it is no longer in the public interest to exclude the
registered abuser from working as a care provider.
(2) In reviewing a petition filed pursuant to this section, the Commission's consideration of the totality of the circumstances since the care provider's name was entered on the registry or the last petition for removal may include, but need not be limited to, the following factors:
(a) The nature and
seriousness of the offense that caused the care provider to be placed on the
registry;
(b) any subsequent
education, training, counseling, or other efforts at rehabilitation made by the
registered abuser;
(c) the
registered abuser's employment history, including statements of current or
former employers;
(d) any statement
or communication by the victim of registrable abuse or if applicable, his or
her legal representative;
(e) the
status or outcome of any criminal investigation or proceeding related to the
abuse at issue;
(f) the outcome of
any other regulatory, administrative, licensing, or disciplinary proceeding
pertaining to the registered abuser; and
(g) any material changes in life
circumstances of the registered abuser.
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