1. (1) The Commissioners may determine, in their discretion, based upon the standards enunciated in M.G.L. c. 19C, § 12, to delay or defer the commencement of Commissioners’ Investigation pursuant to M.G.L. c. 19C, § 8, and 118 CMR 6.00 because they have determined that said Commissioners’ Investigation would duplicate or jeopardize an investigation then being conducted by law enforcement officials or another agency of the Commonwealth.

2. (2) The delay or deferral of Commissioners’ Investigations pursuant to M.G.L. c. 19C, § 12 can occur only after the Commission has determined that:

   1. (a) appropriate protective services have been provided to ensure the continued safety of the alleged victim from further risk of harm;
   2. (b) the delay or deferral will not adversely affect the ongoing provision of protective services nor the health and safety of persons with disabilities found at risk of harm;
   3. (c) the Commission’s ability to conduct a later investigation will not be unreasonably impaired; and
   4. (d) the investigation of the incident by another official or agency will be conducted in good faith by an impartial, qualified investigator.
3. (3) If such determination to delay or defer the commencement of Commissioners’ Investigation is made, the Commission shall exercise its monitoring responsibilities pursuant to M.G.L. c. 19C, § 12 on a continuing basis until the conclusion of the investigation and issuance of a report in such other investigation.

REGULATORY AUTHORITY

118 CMR 6.00: M.G.L. c. 19C, §§ 3(b), (e), (h), 5, 8, 9 and 12.

The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only. The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.