Code of Massachusetts Regulations
272 CMR - CERTIFICATION OF COMMUNITY HEALTH WORKERS, BOARD OF
Title 272 CMR 9.00 - INVESTIGATIONS, COMPLAINTS AND BOARD ACTIONS
Section 9.02 - Investigations, Formal Docketed Complaints and Certificate Holder's Responsibility to Respond Prior to the Issuance of an Order to Show Cause

Universal Citation: 272 MA Code of Regs 272.9

Current through Register 1518, March 29, 2024

(1) Investigations Generally. Any person or organization may submit information, in any form, alleging misconduct by a certificate holder to the offices of the Board. The Board may direct or authorize that one or more of following actions be taken on its behalf:

(a) Review all information that they receive alleging or indicating acts or omissions by a certificate holder and to identify whether such acts or omissions, if true, constitute grounds for Board action pursuant to 272 CMR 9.03;

(b) Request the certificate holder who is alleged to have engaged in the alleged acts or omissions to submit a written response to the allegations and any documents or other evidence in the certificate holder's possession and control that may be relevant to the allegations;

(c) Gather additional information as necessary to determine if the alleged acts or omissions are supported by evidence; and

(d) Initiate a formal, docketed complaint against a certificate holder based on evidence that the certificate holder has engaged in specific acts or omissions that constitute grounds for board action.

(2) Certificate Holder's Response. Except as otherwise provided by law, a certificate holder who is asked for a written response to a pending investigation or docketed complaint pursuant to 272 CMR 9.02(1) shall provide such response within twenty-one days of the certificate holder's receipt of the request. The certificate holder's written response shall be signed by the certificate holder. A certificate holder who claims that he or she is exempt by law from either responding to the Board or from producing requested documents or evidence to the Board shall provide a written statement setting forth the legal authority on which he or she relies.

(3) Closure of Investigation. If a formal, docketed complaint has not been initiated, the Board may direct or authorize that that one or more of the following actions be taken on its behalf:

(a) Close the investigation for any of the reasons set forth in 9.04(l)(a)(l) through (3);

(b) Send an advisory letter in accordance with 272 CMR 9.06(1) to the certificate holder who is the subject of an investigation;

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