Code of Massachusetts Regulations
309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS
Title 309 CMR 7.00 - Procedure Governing Disciplinary Proceedings And Other Dispositions
Section 7.04 - Preliminary Investigation

Universal Citation: 309 MA Code of Regs 309.7

Current through Register 1531, September 27, 2024

(1) The Board may appoint a Complaint Review Team to conduct or arrange for the conduct of a preliminary investigation to determine the truth and validity of all or a portion of the allegations set forth in a complaint. The Board may also request that a Complaint Review Team investigate matters that are not alleged in a complaint but which, if established, may constitute grounds for discipline or other disposition as described in 309 CMR 7.02.

(2) A Complaint Review Team shall be comprised of one member or former member of the Board who is an LSP and was appointed to fill one of the five positions specified by G.L. c. 21A, § 19A, for hazardous waste site cleanup professionals, one member or former member who is or was one of the other members of the Board, and one of the attorneys on the Board's staff. The Complaint Review Team shall investigate the issues designated by the Board and prepare a report to the Board summarizing the findings of the investigation and providing a recommendation to the Board with respect to the presence of sufficient grounds for disciplinary action or other disposition as described in 309 CMR 7.02. If the Complaint Review Team recommends that the Board find sufficient grounds for disciplinary action or other disposition, it must also prepare a supplemental memorandum that recommends what type of discipline or other disposition, as described in 309 CMR 7.02, the Board should impose and explains the basis for this recommendation. In making these recommendations, each member of the Complaint Review Team, including the attorney, shall have one vote.

(3) If, upon investigation of the complaint, the Complaint Review Team has reason to believe that:

(a) the licensed site professional who is the subject of the investigation is unable to perform the essential functions of 309 CMR;

(b) such failings are a result of an addiction to or excessive use of controlled substances, any dangerous drug or combination of drugs, or alcohol, or are due to a disability; and

(c) a medical or other appropriate examination or examinations would aid the Board in its decision, the Complaint Review Team may recommend to the Board that it direct the licensed site professional, as a condition of retaining his or her license, to be examined by a qualified medical or other applicable expert or experts designated by the Board at the licensed site professional's expense. The Board shall thereupon determine whether to direct such examination.

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