Code of Massachusetts Regulations
555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION
Title 555 CMR 2.00 - Construction; Application of Rules; Notice
Section 2.03 - Construction

Universal Citation: 555 MA Code of Regs 555.2

Current through Register 1518, March 29, 2024

(1) 555 CMR shall be liberally construed to permit the commission to effectively carry out its statutory functions and to secure a just and expeditious determination of issues properly presented to the commission.

(2) Unless otherwise specified, computation of any time period referred to in 555 CMR shall begin with the first day following the act which initiates the running of the time period. The last day of the time period is to be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day that is not a Saturday, Sunday, or legal holiday. When the time period is seven days or less, intervening Saturdays, Sundays, and legal holidays shall be excluded in the computation. When a time period is greater than seven days, each intervening calendar day shall be included in the computation.

(3) Any act that must be performed "immediately" under a provision of 555 CMR or M.G.L. c. 6E shall be performed as soon as the exercise of reasonable diligence will enable such performance.

(4) A finding by clear and convincing evidence requires more than a preponderance of the evidence, but less than the proof beyond a reasonable doubt required in criminal cases.

(5) In any instance in which an individual has a conflict precluding that person from exercising their authority under 555 CMR, their duties shall be exercised by the next most senior supervisor within the Agency, or if there is no such supervisor without a conflict of interest within the Agency, by an individual designated by the most senior disqualified individual's appointing authority.

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