(1)
Advisory Letters. An advisory letter is not a formal
Board action against a license and makes no determination or finding on whether
the licensee engaged in alleged acts or omissions. It constitutes a public
record of notice to the licensee:
(a)
identifying the reason for closure of an investigation or dismissal of a
complaint;
(b) identifying any
applicable statute(s), regulation(s), rules, advisories or policies that are
relevant to the alleged acts or omissions that form the subject matter of an
investigation or complaint; and
(c)
including a reminder of the general requirement to comply with the identified
provisions.
(2)
Receipt by a Licensee. The Board may deem a licensee
to have received a request, notice, order or other correspondence on the date
that such item has been delivered to the address of record provided by the
licensee. In the event that delivery is not possible at such address because
the licensee has moved and left no forwarding address or because the address is
otherwise invalid, the Board may deem receipt by the licensee to have occurred
on the date that delivery was attempted but failed.
(3)
Authority.
(a) The Board may direct or authorize the
Board Chair, the Executive Director, investigators, Board staff, Board counsel,
prosecuting counsel, or any combination of the same, to act on the Board's
behalf by a Board vote detailing the authority to act as to a particular
licensee, or a general policy.
(b)
In the event the Board Chair has a conflict of interest, an appearance of a
conflict of interest, or the Board Chair is incapacitated or inaccessible for a
period of time exceeding the reasonable time frame in which the Board Chair
would be expected to act pursuant to 267 CMR 5.06(3), but in no event shall
such time exceed 30 days, or as otherwise authorized by the Board, the
authority conferred upon the Board Chair may be exercised by the next most
senior member of the Board, in the Board Chair's stead.
(c) In the event the Executive Director has a
conflict of interest, an appearance of a conflict of interest, or the Executive
Director is incapacitated or inaccessible for a period of time exceeding the
reasonable time frame in which the Executive Director would be expected to act
pursuant to 267 CMR 5.06(3), but in no event shall such time exceed 30 days, or
as otherwise authorized by the Board, the next most senior member of the Board
staff, shall be authorized to act in the Executive Director's stead.
