Code of Massachusetts Regulations
806 CMR - SECURITY AND PRIVACY COUNCIL
Title 806 CMR 2.00 - Rules Of Procedure
Section 2.03 - Consideration of Individual Complaints Concerning Allegedly Inaccurate, Incomplete, or Improperly Disseminated Criminal Offender Record Information

Universal Citation: 806 MA Code of Regs 806.2

Current through Register 1531, September 27, 2024

(1) Public Education Program. The Council shall from time to time conduct a program of public education to inform the citizens of the Commonwealth concerning their rights to bring complaints concerning their criminal histories pursuant to M.G.L. c. 6, § 175. Said program may take such form as the Council may determine.

(2) Review of Complaints and Determination of Prima Facie Basis. Whenever an individual brings a complaint to the attention of the Council, the Council shall review said complaint to determine whether a prima facie basis for the complaint has been established. Such determination shall be made by majority vote of the Council, which may be conducted by telephone polling of the members of the Council. In making this determination the results of any investigation conducted pursuant to 806 CMR 2.03(4) may be considered. If the Council determines that there is no prima facie basis for the complaint, the Council shall notify the complainant, in writing, of said determination and of his or her rights of appeal to the superior court for a de novo hearing under M.G.L. c. 6, § 176.

(3) Prima Facie Basis: Defined. A prima facie basis for complaint shall exist where:

(a) the complaint asserts a violation of M.G.L. c. 6 §§ 167 through 178 or the regulations promulgated thereunder upon which relief may be granted and

(b) it is not clear from common experience or shown by clear and convincing evidence obtained from a preliminary investigation that an essential allegation of the complaint is untrue.

(4) Investigations. The staff of the Council may investigate any complaint. The results of such investigation shall be made available to all parties to the complaint and may be considered by the Council in any of its deliberations.

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