115 C.M.R. 9.01 – Scope and Purpose

(1) Scope.
1. (a) 115 CMR 9.00 applies to all offices of the Department and all programs and services operated, licensed or funded by the Department.
2. (b) Any action taken pursuant to 115 CMR 9.00 shall be consistent with bargaining agreements and other provisions of labor law then in effect.
(2) Purpose. 115 CMR 9.00 is promulgated to promote the reporting, review, investigation, and remediation of complaints alleging abuse, neglect, serious risk of harm, or an incident, condition, or occurrence covered by 115 CMR 9.05 that involves an individual. If such allegations are substantiated, 115 CMR 9.00 is intended to provide for swift rectification of any conditions causing or contributing to the matter.
1. (a) 115 CMR 9.00 does not provide for an adjudicatory hearing within the meaning of M.G.L. c. 30A, § 1(1). 115 CMR 9.00 is not intended to constitute an administrative remedy under the doctrine of exhaustion of administrative remedies or otherwise.
2. (b) Complaints against individuals are not subject to investigation or review under 115 CMR 9.00. Complaints against persons whose act or omission resulted in actual or risk of harm to an individual caused by another individual may be investigated or reviewed under 115 CMR 9.00.
(3) Director of Investigations. There shall be a director of investigations responsible for overseeing the implementation of 115 CMR 9.00. The director shall have the authority to review all documentation received and generated by the investigations division.