Code of Massachusetts Regulations
555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION
Title 555 CMR 9.00 - Initial Certification of Officers; and Renewed Certification of Independently Applying Officers
Section 9.05 - Background Check
Universal Citation: 555 MA Code of Regs 555.9
Current through Register 1531, September 27, 2024
(1) To be sufficient for evaluation under 555 CMR 9.00, any background check must at least include the following, consistent with M.G.L. c. 6E, §§ 4(f)(1)(v) and 4(f)(2):
(a) A state and national check of the
applicant's background;
(b)
Fingerprinting;
(c) A full
employment history;
(d) An
evaluation of the applicant's full employment record, including complaints and
discipline, if the applicant has been previously employed in law enforcement in
any state or United States territory or by the federal government;
and
(e) A determination of whether
the applicant has been convicted of a felony.
(2) With respect to an endorsed applicant:
(a) The endorsing law enforcement agency must
conduct a background check in accordance with
555
CMR 9.05(1);
(b) The endorsing law enforcement agency
shall provide the applicant with the results of any background check;
(c) The Division shall refrain from
determining that the applicant has failed the background check without first
affording the applicant 14 calendar days in which to submit a response to any
background check or to indicate that no response will be submitted;
and
(d) In any evaluation of
whether the applicant has passed a background check, the Division shall rely on
the results of any sufficient background check conducted by the endorsing law
enforcement agency, as well as any response provided by the applicant pursuant
to 555 CMR
9.05(2)(c).
(3) With respect to an independent applicant:
(a) A law enforcement agency may
assess a reasonable fee for conducting a background check at the applicant's
request;
(b) The Division shall
provide the applicant with the results of any background check obtained by the
Division in connection with the application that the applicant has not
previously received;
(c) The
Division shall refrain from determining that the applicant has failed a
background check without first affording the applicant 14 calendar days in
which to submit a response to any such background check or to indicate that no
response will be submitted;
(d) In
any evaluation of whether an independent applicant has passed a background
check, the Division shall rely on:
1. The
results of any sufficient background check conducted by a law enforcement
agency and provided to the Division, and any response provided by the applicant
pursuant to
555
CMR 9.05(3)(c); or
2. If the Division has not received such
results, a sufficient background check conducted by the Division, provided that
the applicant has tendered any background check fee prescribed by the
Commission pursuant to
555
CMR 9.04(2); as well as any
response provided by the applicant pursuant to
555
CMR 9.05(3)(c);
and
3. If the Division does not
conduct its own background check, it shall return to an applicant any
background check fee that the applicant tendered to the
Commission.
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