Code of Massachusetts Regulations
606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE
Title 606 CMR 14.00 - Criminal Offender And Other Background Record Checks
Section 14.14 - Appeals

(1) Candidates with a verified mandatory disqualification do not have the right to undergo an appeals process with EEC. EEC's "not suitable" determination is final and results in a lifetime ban under CCDBG, unless the candidate's disqualification is expunged, pardoned or otherwise permanently removed from their record.

(2) Licensees who have been found "not suitable" after completing EEC's review process may file for an adjudicatory hearing at the Division of Administrative Law Appeals (DALA) within 21 days of receipt of the "not suitable" final suitability determination. The hearing will be held pursuant to M.G.L. c. 30A, and 801 CMR 1.01: Formal Rules.

(3) A "not suitable" determination for a family child care licensee due to the BRC of a household member or person regularly on the premises will entitle the family child care licensee to file an appeal in accordance with 606 CMR 14.14(2). The right to appeal is held by the licensee, not the family child care household member or person regularly on the premises.

(4) Certified and regular family child care assistants who have been found "not suitable" may file for an adjudicatory hearing at EEC within 21 days of receipt of the "not suitable" final suitability determination. The hearing will be held pursuant to M.G.L. c. 30A, and 801 CMR 1.02: Informal Rules.

(5) Group, school age, residential, and funded program candidates who are not licensees and placement agency candidates may file for an adjudicatory hearing at EEC within 21 days of receipt of the "not suitable" final suitability determination. The hearing will be held pursuant to M.G.L. c. 30A, and 801 CMR 1.02: Informal Rules.

(6) In-home non-relative caregivers and relative caregivers may file for an adjudicatory hearing at EEC within 21 days of receipt of the "not suitable" final suitability determination. The hearing will be held pursuant to M.G.L. c. 30A, and 801 CMR 1.02: Informal Rules.

(7) Candidates who have been found "not suitable" for failing to respond or providing false information or related to a pending offense may reapply at any time, but must repay all associated fees. If the candidate fails to respond on more than one occasion or provides false information on more than one occasion, then the candidate will be prohibited from reapplying for a period of three years, unless the prohibition is waived by EEC.

(8) Candidates whose "not suitable" results from a comprehensive BRC review of all adverse findings may not reapply for a period of five years. EEC may in its discretion determine whether to apply a "not suitable" final suitability determination to a candidate's future application in a different role.