115 C.M.R. 12.10 – Conditional Employees

(1) Notwithstanding 115 CMR 12.00, Department-licensed, funded or approved programs and transportation providers on behalf of such programs may conditionally hire a candidate prior to obtaining the results of a fingerprint-based check provided:
1. (a) The hiring authority has complied with 101 CMR 15.00: Criminal Offender Record Checks and the candidate has been CORI-cleared;
2. (b) The candidate has been scheduled for fingerprinting and the results of the fingerprint- based check are pending; and
3. (c) The hiring is necessary to ensure the immediate provision of necessary services to DDS client(s).
(2) When the results of a conditional employee's fingerprint-based check are returned to the CBCU, it shall proceed with the review of the conditional employee's suitability in accordance with 115 CMR 12.00.
(3) If the CBCU determines a conditional employee is not suitable for employment, based upon the findings of the fingerprint-based check, the CBCU will notify the hiring authority who shall immediately remove the conditional employee from any position with the potential for unsupervised contact until such time as a final suitability determination is made in accordance with 115 CMR 12.00.
(4) No person hired as a conditional employee shall be retained in such capacity for longer than 60 days.