Current through Register 1531, September 27, 2024
(1) A complaint may
be filed with DCJIS for any violation(s) of the CORI laws and regulations
including, but not limited to:
(a) improper
access to or dissemination of CORI; and
(b) failure of a person to follow
regulations, including
803 CMR
2.00,
803 CMR
5.00: Criminal Offender Record Information
(CORI) - Housing, and
803 CMR
11.00: Consumer Reporting Agency
(CRA).
(2) DCJIS
shall screen all complaints to determine whether there is sufficient
information to investigate the alleged violation.
(a) The complaint shall be signed by the
complaining witness. If the complaining witness is an entity rather than an
individual, then the complaint shall be signed on behalf of the complaining
witness by the individual with most knowledge of the relevant facts.
(b) Complaints regarding improper access to
CORI or improper dissemination of CORI shall state the complaining witness's
beliefs as to the following:
1. what CORI
specifically was improperly accessed and/or disseminated;
2. by whom the relevant CORI was accessed
and/or disseminated and when;
3. a
reasonable time period within which the complaining witness believes the CORI
was improperly accessed and/or disseminated; and
4. a description of any relevant
circumstances surrounding the alleged improper access and/or
dissemination.
(c) DCJIS
may request additional information from the complaining witness, including the
production of books, records, or documents, and failure to cooperate with such
a request is grounds for concluding that the complaint is not supported by
sufficient information.
(3) After investigation, if DCJIS determines
that there is sufficient information to support the complaint, then it shall
present an investigation report to the CRRB to determine next steps, including
whether a show cause order should be issued against any party.
(a) If the CRRB issues a show cause order,
DCJIS shall send the order by first class mail to any party affected by the
order, and DCJIS shall provide any such parties with an opportunity and
reasonable timeframe to respond to the order. DCJIS may extend a party's
deadline to respond upon the reasonable request of a party.
(b) Upon receipt of responses from the
parties affected by the order, or upon the passage of the timeframes set by
DCJIS, DCJIS may schedule either a CORI complaint hearing before a subcommittee
of the CRRB or a CORI complaint conference before a complaint hearing officer.
Whether a complaint goes to hearing or conference shall be determined with
regard to the complexity of the complaint.
(c) With regard to a particular complaint,
all complaining witnesses and respondents (individually, a "party" and
collectively, "parties") shall receive at least 30 days notice of the scheduled
date, time, and place of the hearing or conference from DCJIS by electronic
communication or by first class mail.
(d) Each party shall also receive a complaint
packet that contains a copy of the complaint, any response, and any other
additional relevant information obtained by DCJIS.
(e) Before the conference or hearing, DCJIS
shall issue notices and summonses to compel attendance of all parties. DCJIS
may issue additional notices and summonses to compel the attendance of
witnesses and to require the production of books, records, or
documents.
(f) Prior to the
conference or hearing, any party may request that a summons be issued to secure
the attendance of an in-state witness.
1. At
least 21 days prior to the conference or hearing, the party requesting a
summons shall provide, in writing, the name and address of the witness along
with an explanation as to why a requested witness's testimony is relevant to
the proceeding.
2. Upon receipt of
this information, should the complaint hearing officer or subcommittee
chairperson determine testimony of the requested witness is not relevant, the
party's request for a witness summons may be denied.
(g) Prior to a conference or hearing, the
respondent may enter into a consent agreement regarding the alleged violation
and agree to pay a civil penalty and/or agree to any other sanctions as issued
by the CRRB.
(4) The
complaint conference or hearing shall be an adjudicatory hearing that takes
place before a complaint hearing officer or CRRB Subcommittee. The hearing
officer or CRRB Subcommittee will conduct the conference or hearing and
determine its course, including the order and manner in which the parties may
offer information. Depending on the subject matter, complaint
conferences/hearings maybe open to the public.
(a) Oaths shall be administered to the
parties, all relevant issues shall be considered, and all evidence determined
necessary to decide the issues raised in the complaint and the response will be
requested, received, and made part of the conference or hearing
record.
(b) All CORI complaint
conferences and hearings shall be subject to the provisions of M.G.L. c. 30A,
which governs adjudicatory hearing procedures.
(c) All CORI complaint conferences and
hearings shall be subject to the informal rules of adjudicatory procedure under
801
CMR 1.02: Informal/Fair Hearing
Rules.
(d) All complaint
conferences and hearings shall be electronically recorded.
(e) At complaint conferences and hearings,
the complaining witness and the respondent may present testimony and evidence
on their own behalf.
(f) Following
a complaint conference, the complaint hearing officer shall issue a
recommendation on which the CRRB shall vote at its next formal meeting. Board
findings and orders may be publicly posted. All identifying information of the
complaining witness shall be redacted prior to such posting.
(g) Following a complaint hearing, the
subcommittee shall issue a written "Decision and Order" stating whether there
was a violation of the CORI law or
803 CMR
2.00, what civil penalty, if any, and what sanctions,
if any, will be imposed. All identifying information of the complaining witness
shall be redacted prior to such posting.
(5) If any individual involved in a
conference or hearing is speech impaired, hearing impaired, or cannot speak or
understand the English language, that individual shall be entitled to have
translation services present at the conference or hearing.
(a) In order to obtain the services of a
translator, the individual shall notify DCJIS upon the filing of a complaint,
upon providing a complaint response, or at least 15 days prior to the hearing
or conference.
(b) Any person may
also provide a translator. If a person chooses to provide a translator, the
person shall notify DCJIS as soon as reasonably possible prior to the
conference or hearing. At that time, the person shall provide the
qualifications of the translator to DCJIS, which shall approve the translator
prior to the conference or hearing.
(c) If an individual requests a translator
pursuant to
803 CMR
2.00, DCJIS shall arrange for the services of such a
translator and shall notify the complaining witness and respondent of the
identity of the translator within a reasonable amount of time prior to the
conference or hearing.
(d) The CRRB
may order any person failing to appear after a request for translation services
to pay the costs of the translator.