Code of Massachusetts Regulations
555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION
Title 555 CMR 8.00 - Databases and Dissemination of Information
Section 8.08 - Objections Concerning Data

Universal Citation: 555 MA Code of Regs 555.8

Current through Register 1531, September 27, 2024

(1) An individual who is identified in data maintained by the Commission, or the individual's representative, may raise objections related to the accuracy, completeness, pertinence, timeliness, relevance, or dissemination of the data, or the denial of access to such data by filing a written petition for relief with the Executive Director, in a form prescribed by the Commission, at any time.

(2) Upon receiving a petition filed pursuant to 555 CMR 8.08(1), the Executive Director shall promptly evaluate the petition, including by obtaining relevant information.

(3) If the Executive Director determines that the relief requested in a petition filed pursuant to 555 CMR 8.08(1) is warranted, the Executive Director shall promptly:

(a) Take appropriate steps to grant such relief, or comparable relief;

(b) Make information concerning the action taken available to the Commissioners;

(c) Notify the petitioner of the status of the petition.

(4) After the Executive Director takes the steps prescribed by 555 CMR 8.08(3):

(a) The Chair may take any further action allowed by law with respect to the petition filed pursuant to 555 CMR 8.08(1); and

(b) The Executive Director shall notify the petitioner regarding any change in the status of the petition.

(5) If the Executive Director determines that the relief requested in a petition filed pursuant to 555 CMR 8.08(1) is unwarranted, the Executive Director shall:

(a) Within a reasonable time, notify the petitioner in writing that such determination was made and that the petitioner shall have the opportunity to submit a statement reflecting the petitioner's position regarding the data;

(b) At or around the same time, make information concerning the determination available to the Commissioners; and

(c) Cause any such statement to be included with the data and with any subsequent disclosure or dissemination of the data.

(6) After the Executive Director takes the steps prescribed by 555 CMR 8.08(5):

(a) The Chair may take any further action allowed by law with respect to the petition filed pursuant to 555 CMR 8.08(1); and

(b) The Executive Director shall notify the petitioner regarding any change in the status of the petition.

(7) Within 30 days of receiving a notification pursuant to 555 CMR 8.08(3)(c), (4)(b), 5(a), or 6(b), a petitioner may file a written request for further review with the Executive Director.

(8) The Executive Director shall provide any request for further review made pursuant to 555 CMR 8.08(7) to the Chair promptly upon receiving it.

(9) The Chair may take any action allowed by law with respect to a request for further review made pursuant to 555 CMR 8.08(7).

(10) If the Commission has a good-faith, reasonable belief that an employee possesses a right to have information that is contained in a personnel record maintained by an employer corrected or expunged by an employer pursuant to M.G.L. c. 149, § 52C, the Commission shall not disclose such information without first giving the employee the opportunity to exercise the right, unless the law requires otherwise.

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